The Advantages of a Patent Marking Policy

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With the Federal Circuit's recent decision holding that patentees may be liable for false marking, entities having patent portfolios (or patentees) should consider setting up a marking policy. By establishing a marking policy, patentees could not only limit false marking claims, but also enhance the value of their patent portfolios. To set up an effective marking policy, patentees must understand a number of factors, further described below.

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