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Expert Analysis

Virtual Patent Marking — An Underutilized Tool

Law360, New York (December 12, 2014, 9:55 AM EST) -- In September, the U.S. Patent and Trademark Office released a report to Congress describing the progress (and underutilization) of virtual patent marking in the three years since it first became available under the America Invents Act. The report was directed to analyzing: (1) the effectiveness of ''virtual marking'' as an alternative to the physical marking of articles; (2) whether such virtual marking has limited or improved the ability of the general public to access information about patents; (3) the legal issues, if any, that arise from such virtual marking; and (4) the deficiencies, if any, of such virtual marking.[1]...

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