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Product Marking
Product Marking
The practice of marking a patented product (or a product for which a patent application is pending) with a notice indicating the relevant patent number or application status.
In some jurisdictions, including the UK, product marking serves to place the public "on notice" that the product is covered by a patent, thereby helping to ensure that full damages can be recovered for any infringement of the patent.
Due to the impracticalities of keeping printed markings current as a patent portfolio changes, it is increasingly common to rely on "virtual marking". This involves marking the product with a reference to a webpage that lists the patents (and/or pending patent applications) that cover it.
It should, however, be noted that in some jurisdictions, including the UK, incorrectly marking a product as being "patented" (or "patent pending") where this is not in fact the case, which is referred to as false marking, can lead to civil or even criminal liability.
This page is provided for general information only and is not intended to constitute legal or professional advice. Please consult a qualified professional to obtain advice that is appropriate to your specific circumstances.
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