Legal Definitions - patent marking

Patent marking refers to the act of clearly displaying the patent number on a patented product or its packaging. This practice serves as a public announcement that the item is protected by a patent, informing anyone who encounters it of the existing intellectual property rights.

The primary purpose of patent marking is to provide "constructive notice" to the public. This means that, legally, everyone is presumed to have knowledge of the patent simply because the number is visible on the product or its packaging. If a product is not marked, a patent holder might not be able to recover financial damages from an infringer for actions that occurred before the infringer was directly informed (had "actual notice") of the patent.

Here are some examples illustrating patent marking:

• Example 1: Consumer Electronics
  A company invents a new type of noise-canceling headphone with a unique, patented audio processing chip. Before selling the headphones, they print the patent number for the chip on the inside of the headphone's headband and also include it on the product's retail box and in the user manual.

  How it illustrates the term: By printing the patent number directly on the physical product (headband) and its packaging/documentation, the company is engaging in patent marking. This provides constructive notice to consumers and competitors that the technology within the headphones is patented, making it harder for an infringer to claim they were unaware of the patent if they were to copy the technology.

• Example 2: Industrial Equipment
  A manufacturer develops a patented safety mechanism for heavy machinery, such as a unique interlocking system for a factory conveyor belt. They engrave the patent number onto a metal plate that is securely affixed to each safety mechanism they produce. The patent number is also listed in the technical specifications and installation guides provided with the mechanism.

  How it illustrates the term: Here, the patent number is incorporated onto the patented article itself (the safety mechanism) and its accompanying documentation. This ensures that anyone installing, operating, or maintaining the machinery is given notice of the patent, protecting the manufacturer's rights against potential infringement.

• Example 3: Software-Enabled Device
  A medical device company patents a novel method for analyzing patient data, which is implemented through software embedded in their diagnostic device. On the device's exterior, they include a label stating "Patented Technology" followed by the patent number. Additionally, the software's "About" screen displays the patent information prominently.

  How it illustrates the term: Even though the patent covers a method implemented by software, the company marks the physical device and the software interface with the patent number. This provides clear notice to users and competitors that the underlying technology is patented, fulfilling the requirement for patent marking in a modern, integrated product context.