Should marking requirement apply to method claims?

Managing Intellectual Property e-Newsletter
March 16, 2010

Brian Klock’s article, “Should marking requirement apply to method claims?” was originally published in the March 16, 2010 edition of Managing Intellectual Property’s e-newsletter. Federal Circuit precedent that holds that the marking provisions of 35 U.S.C. § 287 do not apply to method patents. In view of the Supreme Court’s comments concerning method patents in Quanta, the author suggests that the Supreme Court might reach a different conclusion than the Federal Circuit regarding applicability of Section 287 to method patents.

View Attachment (PDF)