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Patent Marking-Is It Advisable?

Patent Marking-Is It Advisable?

by | Jan 14, 2015 | Entrepreneurship, Patent Prosecution, Start Up Considerations

Recently, one of my clients asked me about the pros and cons of marking “patent pending” on his invention.  I advised him that I thought he should mark his invention and here’s why.

First, it puts others on notice that you intend to protect your invention with a patent.  That means that if the patent covering your product issues, then others will need to assess whether they infringe your patent, if they use, make, sell, or offer for sale the product as described in the issued patent.

Second, while marking “patent pending” has no legal effect, when and if the patent issues, display of the patent number does impact your legal rights.  Failure to mark your invention, once a patent issues, will prevent you from collecting damages until you either begin marking or you give actual notice of patent infringement.

Third, if you are putting others on notice that your product may be patentable, that may be advantageous when talking to investors or potential licensees.  If your product becomes protected via a patent, then you have exclusive rights to exploit your patent for a period of 20 years from the date of filing.  This may be a significant business advantage depending on the area of technology and existing business environment. 

Finally, patent marking can be done either physically on the product itself or virtually.  Virtual marking requires a website where information on patented products for your organization can be found.  This saves in retooling time and expense.  In addition, changes to the website can be done quickly and easily to maintain a complete and accurate record of all patents covered by your company. 

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at [email protected].

Back to Basics: Patents Part 2

by | Oct 7, 2014 | Infringement, Patent

This is the second in a series of posts on the basics of patents.  The first post discussed the scope of a patent and how to obtain one.  This post will focus on the benefits of a patent and how you can enforce one. 

Now that you have a patent, what can it do for you?  A patent is only as good as your ability to enforce it.   A patent owner has the right to keep others from making, using, selling or offering for sale his/her patented invention.  A patented invention is defined by its claims.  The claims are the last part of the patent document and are numbered.  The claims define the “metes and bounds” of the invention. 

In a dispute, or when a patent is asserted against an alleged infringing party, the claims are interpreted to determine the scope of the invention.  Once the scope of the invention is determined, then that scope is applied to the alleged infringing activity to see if it falls within the scope of the patented claims. 

Patent infringement is a federal offense and may be brought in federal court.  Patent infringement provides for the recovery of both actual and punitive damages.  These may include up to three times the damages if the infringement is found to be willful or intentional.    A patent owner may also seek an injunction to stop existing and future infringing activity.  In some cases costs and attorneys fees are also recoverable.   

Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at [email protected].