Marking of patented products in the UK

Patent Marking Changes

  • The Act expands the options for patent proprietors to mark patented products.
  • Marking a patented product helps prevent infringers from claiming “innocent infringement” and avoiding damages.

New Marking Method

  • Patent holders can now mark products with the address of a free, publicly accessible web page.
  • The web page must clearly link the product to the relevant patent number(s).

Advantages of Web-Based Marking

  • Solves the problem of physically listing multiple patent numbers on products, which can be difficult and unattractive.
  • Makes it easier and cheaper to update patent information when patents expire or lapse.

Legal Importance

  • Falsely marking a product as patented is a criminal offence in the UK, so accurate and updated marking is important.

International Context

  • The **United States previously introduced a similar system allowing virtual patent marking via web pages.
  • A single well-designed web page may allow marking of products patented in both the UK and the US.

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