Marking articles with the patent number provides constructive notice to the public. Without marking, damages accrue only from actual notice, typically a specific charge of infringement or the complaint.
Virtual marking through a website is permitted.
Alternative Names:
Marking Requirement|Constructive Notice (Patent)
Why it Matters?
Failure to mark can eliminate years of damages, since the patentee bears the burden of showing compliance and a single unmarked product line or licensee failure defeats constructive notice for all sales of that product. Licensees must also mark, which requires contractual obligations and monitoring. Virtual marking listing patents on a website simplifies compliance substantially for product lines with changing patent coverage.
Frequently Confused with
Related terms
Frequently asked questions
What is the consequence of failing to mark?
Do licensees have to mark?
