QUESTION

Is a patent holder required to disclose their patent # on their website and products?

Asked on Feb 04th, 2013 on Patents - Utah
More details to this question:
Or, can they lie in wait...hoping for infringements?
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4 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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They must mark the product with the patent number. An apparatus must bear the patent number on itself of in some cases just the packaging. Methods of course have no place to put a patent number so that is shown in the advertising material etc. For a full explanation of this google "patent marking".
Answered on Feb 05th, 2013 at 2:17 PM

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A patent owner has the duty to mark his invention with his patent number to provide notice to the public. Failure to do so will prevent the patent owner from acquiring damages in an infringement action. If patent owner later marks his invention with the patent number, damages will only accrue starting from the date of the patent marking.
Answered on Feb 05th, 2013 at 7:05 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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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

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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There is no requirement that the patent holder publish their patent number. However, for triple damages to apply, the infringer must have known about he patent, so you lose a lot of potential leverage if you don't publish it.
Answered on Feb 04th, 2013 at 11:32 PM

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