Search

This article discusses the requirements for patent marking in the United States. Under 35 U.S.C. § 287(a), a patent owner must provide notice of infringement before collecting damages. This can be done through actual notice or constructive notice, which involves marking the patented article with the patent number. The article explains the different methods of marking and the consequences of failing to mark. It also discusses the defense that an accused infringer can use if they believe the patent holder has not complied with the marking requirement. Overall, the article emphasizes the importance of considering marking when pursuing a patent infringement action. [Extracted from the article]