Implementing Patent Marking Strategies After AIA

Law360, New York (October 4, 2012, 3:13 PM EDT) -- Under U.S. patent law, patent owners are encouraged to mark their patented products with applicable patent numbers. The intent of this legislation, known as “the patent marking statute,” is to protect the public from deceptive marking practices. As a result, there is liability for falsely marking nonpatented articles for the purpose of deceiving the public. In recent years, prominent court cases have brought notoriety to patent marking by greatly increasing potential damages for false marking and thereby creating a cottage industry of “false marking trolls.”...
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