Patent Marking: No Mark, No Money

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Patent Marking: No Mark, No Money

8d ago 50:22

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In this month’s episode, we’re talking about patent marking – and its massive implications on your ability to collect on infringement damages.
We’ve all seen patent numbers on physical products. Much like their copyright and trademark cousins, these designations are far from cosmetic. And instead serve a statutory requirement to provide public notice about your protected intellectual property. In the case of patent marking, not only does it reduce the risk of infringement because you are informing potential infringers of the patent's existence, but the notice also marks the point in time from which you can go back to for collecting on awarded damages. As the panel will discuss today, American patent law operates on a simple principle: mark your products with patent numbers, or watch your damages disappear.

** Episode Overview **

Kristen Hansen, Patent Strategy Specialist at Aurora, leads today's discussion with our all-star patent panel, delving deeply into the Do’s and Don’ts for patent marking – both physical and virtual, for US and abroad. Along the way, Kristen and the panel discuss:
⦿ Patent Marking basics
⦿ Legal requirements for patent marking
⦿ Benefits and best practices for marking
⦿ A real-life case cautionary tale
⦿ Implications for worldwide marking

** Mossoff Minute: Coke Morgan Stewart's Patent Reforms **
In this month’s minute, Professor Adam Mossoff celebrates the accomplishments of Acting USPTO Director Coke Morgan Stewart. Her tireless efforts over the past months are helping to light the path back toward reliable and effective patent rights for innovators across the country and in the global economy.

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Let us know what you think about this episode!

Chapters

1. Intro (00:00:00)

2. Mossoff Minute: Coke Morgan Stewart patent reforms (00:02:14)

3. Patent marking overview (00:05:52)

4. What is patent marking? (00:06:16)

5. Patent marking timing and infringement suits (00:07:39)

6. Physical vs. virtual marking (00:08:41)

7. Patent marking basics (00:10:41)

8. Benefits of patent marking (00:14:19)

9. Patent marking best practices (00:16:00)

10. Virtual marking best practices (00:18:28)

11. Software virtual marking best practices (00:25:01)

12. False patent marking (00:31:40)

13. Cautionary tale: Arctic Cat vs. Bombardier (00:32:29)

14. Software patent marking Q&A (00:40:13)

15. Outro (00:49:49)

47 episodes

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