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patent question

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astron

Junior Member
What is the name of your state?
washington

do items that are pateneted, have to have the patent number affixed to said item, say with either a tag or an engraved patent number.

thanks for any help regards tom
 


divgradcurl

Senior Member
What is the name of your state?
washington

do items that are pateneted, have to have the patent number affixed to said item, say with either a tag or an engraved patent number.

thanks for any help regards tom

No, they do not.

But there are benefits to doing so. If a patented product is not "marked" with the patent number(s) that are embodied in the product, then damages do not begin to accrue until the alleged infringer is put on "actual notice" of infringement.

In other words, with no markings, if you manufacture an infringing product, the only products that you make that can be considered for the purposes of calculating damages are those products that you manufacture after you've been accused of infringement.

If the products is marked, the world is considered to be "on notice" (constructive notice), and damages can begin to accure the day you start manufacturing an infringing product.
 

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