Patent marking: Overview, definition, and example
What is patent marking?
Patent marking refers to the practice of labeling a product with information about the patents that cover it. This typically includes the patent number or a link to an online database where patent details can be found. Patent marking serves as public notice that a product is patented, helping to prevent infringement and support legal claims for damages.
For example, a manufacturer of medical devices may print "U.S. Patent No. 1234567" on the product or packaging to inform the public and competitors that the design or technology is protected under patent law.
Why is patent marking important?
Patent marking is important because it helps patent holders enforce their rights, deter infringement, and qualify for higher damages in lawsuits. Under U.S. patent law, a patent owner must provide constructive notice through proper patent marking to seek damages for past infringement.
For businesses, patent marking also strengthens brand protection and market positioning by clearly indicating exclusive rights to an invention. It is commonly used in technology, pharmaceuticals, consumer products, and manufacturing industries to safeguard intellectual property.
Understanding patent marking through an example
A technology company develops a new type of smartphone screen and secures a U.S. patent for the invention. To protect its rights, the company etches the patent number onto the back of each phone and includes a patent notice in its packaging. This ensures that competitors are aware of the patent protection and helps the company pursue damages if infringement occurs.
In another case, a toy manufacturer patents a unique building block design. Instead of printing the patent number on each block, the company uses virtual patent marking, directing consumers to a website listing all applicable patents. This keeps the information up to date and compliant with patent marking laws.
Example of a patent marking clause
Here’s how a patent marking clause might appear in a contract:
“The Licensee agrees to mark all products covered by the Licensed Patents with the appropriate patent number or, where applicable, a publicly accessible website listing the patents. The Licensee shall ensure compliance with all patent marking laws to preserve enforcement rights against infringers.”
Conclusion
Patent marking provides legal protection, deters infringement, and supports claims for damages in patent enforcement. Businesses that properly mark patented products can strengthen their intellectual property rights, comply with legal requirements, and enhance market credibility. A well-drafted patent marking clause ensures that licensees and manufacturers follow best practices in patent protection.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.