Failure to properly mark patent numbers can limit recovery in litigation

+
Any products marketed under a US patent should be marked with “U.S. Patent” followed by the patent number, and (preferably) /or with the following: “Patented and/or Patent Pending. website name/patents.” The phrase “website name/patents” can be replaced with a page on the patent owner’s website which contains a listing of the published patent applications and/or patents and the products or methods which are covered by the published patent applications or patents. Failure to do this can limit recovery in litigation against infringers. Using the website notice allows the required marking to be easily updated when new patents issue. Including the patent numbers as well can help provide proper notice even when a website is down. A simple way to mark the invention is to put these phrases on a plastic adhesive label which can then be affixed to the invention. If equipment is to be leased, it is best to put the labels in multiple locations as they can be accidentally removed in use. It is best to show us the draft labels before they are printed so we can check them for accuracy and a proper link to the webpage. Also, it is best to send us photos showing how you are marking your patent number, and/or patents web page, on your patented invention. Proper marking of your patent number or patents web page that includes your patent numbers and publication numbers is important to help maximize your potential recovery from an infringer.
Julie R. Chauvin , Patent Attorney, New Orleans, 27 June 2023, jchauvin@patents.gs, (504) 835-2000, ext. 101;
Seth M. Nehrbass, Patent Attorney, New Orleans, SNehrbass@patents.gs, 504-813-8815.