A patent owner is encouraged, but not required, to put the patent number on its products - or the word "patented" - so you are put "on notice" regarding these rights. When the patent owner fails to "mark the product" - they give up the right to claim damages from any infringement - until they give full notice of the patent to the infringer. At that point, the infringer runs the risk of being found to be a "willful infringer" for continued use of the patented invention - which can lead to treble (3X) damages being awarded to the patent owner.
Answered on Feb 05th, 2013 at 7:04 AM