Patent Marking

Labeling your product with information about patent(s) that cover that product is called "patent marking" and is one way to inform the public about your IP rights. While under U.S. law you aren't required to mark your products, not doing so may limit the amount of damages you can recover if someone infringes your patent(s).

In particular, if you are successful in an infringement lawsuit, you can recover damages from the infringer for up to six years of infringement prior to the date of the lawsuit—but only if the infringer was actually aware of your patent or if you marked your product. In most cases, these past damages are available because the patent holder marked the product, rather than actual knowledge by an infringer.