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   MARKING ITEM WITH PATENT NUMBER
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   Author  Topic: MARKING ITEM WITH PATENT NUMBER  (Read 2512 times)
patag2001
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Posts: 82
MARKING ITEM WITH PATENT NUMBER
« on: Mar 19th, 2007, 1:29pm »
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I understand that a Patentee (assignee) may give public notice by fixing “Patent” and the patent number to an article. (35 U.S.C. 287)
 
Two questions on the above.
 
1. Does this apply to method claims or just structure claims?
2. If I were to license from the assignee for the article, is there any need to mark the patent number?  I would presume this could be stipulated in the license.  Also, is marking indicating made under license from patentee typically fixed on the article?
 
Thanks!
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scottp
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Posts: 13
Re: MARKING ITEM WITH PATENT NUMBER
« Reply #1 on: Apr 9th, 2007, 10:21pm »
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Well, for number 1, the basic question is whether it is possible to mark the item at all (i.e. is the subject matter tangible?)  If you only have method claims in your patent, then there probably isn't even an item that you could affix a patent marking to, so the marking statute wouldn't apply -- unless courts have expressly stated that the subject matter is tangible (websites are considered tangible). However, if there are ANY apparatus claims in the patent, you have to mark the item.
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Bill Richards
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Re: MARKING ITEM WITH PATENT NUMBER
« Reply #2 on: May 8th, 2007, 4:33pm »
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Take a look at 35 USC 287 regarding marking.  It's not mandatory, but it's a damages issue in infringement litigation.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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TataBoxInhibitor
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Posts: 456
Re: MARKING ITEM WITH PATENT NUMBER
« Reply #3 on: Jun 18th, 2007, 10:46pm »
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Take a look at Amsted v. Buckeye Steel Casting Company, 30 USPQ2d 1462 (Fed. Cir. 1994).   This case deals with a few of these issues, specifically, marking a product and damages.
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TataBoxInhibitor
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Posts: 456
Re: MARKING ITEM WITH PATENT NUMBER
« Reply #4 on: Jun 18th, 2007, 10:47pm »
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Actually, a good summary is here:
 
http://library.findlaw.com/1999/Jan/1/127560.html
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