August 2017 | The Licensing Journal

Marking: A Duty in Perpetuity

1 min

Calvin Nelson and Liza Sneitzer published "Marking: A Duty in Perpetuity" in the August issue of The Licensing Journal. Here is an excerpt:

The Federal Circuit reminded us again that, while patent marking isn’t required, failing to diligently mark your products and monitor your licensees’ marking of a patented product has consequences. The patent marking statute generally provides that a patent owner may give notice to the public that a product is patented by marking the article in a manner provided by the statute. While the statute is permissive, failure to mark results in damages being limited to infringement occurring after an infringer was notified of the infringement. If a patent owner’s licensee fails to mark, damages are similarly limited.