The Virtues of Virtual Marking in Patent Reform

34 Pages Posted: 2 Jun 2010 Last revised: 12 Mar 2013

Date Written: May 21, 2010

Abstract

This Comment argues in favor of permitting “virtual marking,” whereby a manufacturer would be permitted to mark products with reference to a website that provides information about the product’s patent protection. For example, imagine that instead of marking the back of a calculator with “Pat. 5532946,” Texas Instruments marked it with “Patents: http://ti.com/patents/calculators,” and that website displayed nothing but “Pat. 5532946.” The virtual marking amendment to 35 U.S.C. § 287(a) is part of the Patent Reform Act of 2009 (S. 515). At first glance, the distinction might seem trivial, but even this simple example of virtual marking has far-reaching implications for patent marking law.

Keywords: patent marking, virtual marking, false marking, patent reform

Suggested Citation

McCaffrey, Corey and McCaffrey, Corey, The Virtues of Virtual Marking in Patent Reform (May 21, 2010). Northwestern University Law Review, Vol. 105, p. 367, 2011, Available at SSRN: https://ssrn.com/abstract=1618162

Corey McCaffrey (Contact Author)

Massachusetts Institute of Technology (MIT) ( email )

77 Massachusetts Avenue
50 Memorial Drive
Cambridge, MA 02139-4307
United States

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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