Product markings are markings applied to a patented product, to provide an indication to the general public that the item is patented. They have a variety of uses, including serving a notice to a potential infringer of the existence of the patents, so that damages can more easily be retrieved in infringement proceedings.
Through accurate use of product markings, an infringer can lose a defence they might otherwise have, of lack of knowledge of the existence of the patents. Product markings can be useful in other ways too, for example they may help to demonstrate to customers or investors that your products are innovative. Product markings tend to be applied to products either as physical markings, or virtual markings.
Physical markings – what are they?
Virtual markings – what are they?
What are the benefits of virtual markings?
Is marking a requirement?
What is false marking?
Other points to note
We are a European firm and assist our clients to protect their IP rights in the UK, Europe and worldwide from our offices in the UK and The Netherlands and through our international network of trusted local attorneys. To discuss the subject matter of this Guide, or for any queries, please contact Sarah Phillips, or any one of our attorneys.
Sarah Phillips Associate