Patent Marking in the United States: What It Is, Why It Matters, and How to Do It Right
In the United States, patent marking is a crucial but often overlooked aspect of patent strategy. At its core, patent marking involves labeling a product—or product packaging—to indicate that the product is covered by one or more issued patents. The practice is guided by 35 U.S.C. § 287, a statute that spells out when and how a patent owner must mark products to preserve the right to collect certain types of damages in an infringement lawsuit.