Dealing With the Uptick In False Marking Suits

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Recent months have witnessed a surge in the filing of “false marking” litigation – suits brought under 35 U.S.C. Section 292. The section provides penalties against any person that marks an “unpatented article” with any word or number indicating that the article is patented with the intent to deceive the public. This provision also permits enforcement via qui tam actions, whereby a person may sue on the behalf of the government and share in the award.

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