patag2001
Junior Member
Posts: 82
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35 U.S.C 287(a) Marking Question
« on: Dec 20th, 2007, 3:41pm » |
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I understand (i.e., 35 U.S.C 287(a)) to receive damages due to infringement the patentee must provide prior notice. This notice can include actual notice and constructive notice, which is marking the patented article. However, I understand that patents consisting of method claims are an exception, because there is no article to mark with only method claims.
Where an invention can be claimed using both method and structure claims is there any advantage filing separate applications one to each statutory class?
Many Thanks!
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