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Patents Constructive Notice

Mintz - Intellectual Property Viewpoints

Too little, too late: Federal Circuit holds that cessation of sales does not alleviate patentee’s affirmative duty to mark

In a February 19, 2020 decision the Federal Circuit held that a patentee does not escape 35 U.S.C. § 287’s marking requirement merely by ceasing sales of the practicing product. Instead, the Federal Circuit held that once a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Marking Basics

After investing time and resources to obtain patent protection, consumer product companies should maximize their return through a well-executed patent marking plan. The details of an effective marking program must be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Arctic Cat: A Chilly Reminder Regarding Licensee Marking

In order to make the most of a patent investment, consumer product companies must put competitors on notice of their patent rights. Specifically, a patentee who makes or sells a patented article must mark their articles or...more

McAfee & Taft

The importance of intellectual property notices

McAfee & Taft on

So you have a patent, trademark, or copyright that you want the public to know you have rights in? How do you provide such notice? The answer is marking your intellectual property (IP) with symbols such as Pat., Pat. Pending,...more

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