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ARTICLE · 22 APRIL 2010

Patent Marking: What You Need to Know

You are not required to mark your patented products with the corresponding patent numbers. However, there are a number of reasons why you should consider doing so.

United StatesIntellectual Property

Recent events suggest the importance of understanding the basics of patent marking.

You are not required to mark your patented products with the corresponding patent numbers. However, there are a number of reasons why you should consider doing so. For example, correctly marking your products puts potential infringers on constructive notice of your patent. This enables you to seek damages for patent infringement from the time infringement began, without first having to provide the infringer with actual notice of your patent. Failure to properly provide patent marking on your products can limit or even prevent recovery of money damages for patent infringement in some circumstances.

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