Use Caution When Marking Products With Method Patent Numbers

Executive Counsel
June/July 2010

Brian Klock’s article “Use Caution When Marking Products With Method Patent Numbers” was originally published in the June/July 2010 issue of Executive Counsel. Although the marking requirements of 35 U.S.C. § 287 do not apply to method patents, a patentee might choose to voluntarily mark a product with the numbers of method patents essential to the use or manufacture of the product, to give notice to the public and prevent “innocent” infringement. In doing so, the author advises to give careful consideration to the wording of the notice, to avoid running afoul of false marking trolls.

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