Mark My Words! – Heed Patent Marking Requirements

Congratulations! You've just been awarded a patent on your invention, which you are now manufacturing or otherwise using. You want to be certain that you will be able to enforce your patent and to collect any damages to which you are entitled, should someone infringe it. Now what?

Patent law (specifically, 35 U.S.C. § 287) requires that, in order to collect damages, notice be provided to the public that your patented product, technique, etc., is covered by a patent. Failure to provide such notice may limit one's ability to collect damages. What should you do, then?

What you should do is to associate your product or service with the patent. Therefore, you must comply with the marking requirement of U.S. patent law (which is set forth in 35 U.S.C. § 287) in one or more of the following ways.