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Patent Marking
Patent
Pending
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The "patent
pending" notice means a U.S. patent application has been filed.
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The "patent
pending" words can (and should) be displayed as soon as a U.S. patent
application is filed.
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The patent
application can be a non-provisional utility patent application,
provisional patent application, design patent application or plant patent
application.
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The "patent
pending" notice is a warning that a patent application has been filed, and
that a patent might be issued from such patent application.
see
provisional vs non-provisional patent applications,
patent applications
Patent Number
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Patented products (articles) sold or offered for sale should be marked
with the U.S. patent number. This marking is simply the word "U.S.
Patent" or "patent" or
abbreviation "pat." followed by the patent number.
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This
marking should be "fixed" to the product by molding, engraving etc.
methods. When, from the character of the product, this cannot be done, a
label bearing the marking should be placed on the product or packaging.
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Patent
marking permits the patent owner to seek monetary damages (in addition to
injunctive relief) in a patent infringement action without proof that the
infringer had actual notification of the patent.
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In
addition, the public notification in and of itself might avert
infringement issues.
see -
patent infringement,
patent it or not,
patent ready,
patent or
trade secret it,
patent term
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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