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
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