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The Advantages of Virtual Patent Marking

by Terrifio Team | November 8, 2022

The Advantages of Virtual Patent Marking

Virtual patent marking is a great way to protect your intellectual property. Instead of the patent details being printed onto the product itself, only a URL and the word ‘Patent’, or the abbreviation ‘Pat.’, are needed. This URL will take people to a webpage that details various things about the patent, including the numbers and/or names of all relevant products. So, why exactly is this a good thing? Join us as we explain the many advantages of virtual patent marking in this post!

Easy For The Public To Access

When information about a patent can be found online, it is made more accessible to the public. Of course, the same can be said for other companies, or anyone else that may require specific details about the patent. All they need to access the information is a link to the webpage.

In addition to this, virtual patent marking can help to provide more details than traditional alternatives. All of the following is found on the associated webpage:

  • Patent Status – People are aware that each listed patent is in force. This status must kept up to date.
  • Product – Names and/and numbers for each of the products that are protected are associated with each patent.

The page can also provide information about the company itself, including a registered address, telephone number, or email address. Should any member of the public have additional questions, they can directly contact the patent owner directly for further details.

Increase Potential Damages With No Fuss

When a product is linked to the associated patent with most virtual marking software, the posted page can establish constructive notice. This information can be kept on the dashboard itself, meaning that it doesn’t have to be stored locally, which can help to avoid it getting lost, deleted, or corrupted. Logs of changes to the page can also help to keep track of when the first posting, and later updates, occurred.

Patent Owners Can Save Time And Reduce Costs

Saving time and money can also be made possible by using virtual patent marking within your company. One of the standout points is that the link to the relevant patents can remain consistent, it’s just the content on the corresponding webpage that will change, and must be kept up to date and continuously available. Due to this, nothing needs to be updated on the packaging or product itself, should a change arise to the status of patent(s) associated with the product(s).

Not only does this help to save the time and unnecessary headache that is associated with making this change, such as contacting the manufacturer, but maintenance and other costs can also be spared. Furthermore, virtual patent marking can help to save valuable space on the product(s) itself. Only the word ‘Patent’, or the abbreviation ‘Pat.”, needs to feature on the item or package, which comes with its own series of benefits. Preserving the visual appeal of a product and saving on manufacturing costs could be just a couple of these possible advantages.

Help To Avoid Issues Before They Arise

For many companies and product owners, this is the main attraction for virtual patent marking. By clearly displaying all of the information related to the patent itself, issues can help to be avoided, saving time, effort, and stress. The information displayed on the webpage can be tweaked and made as concise as possible. Providing that all other statutory requirements are met, infringers may not be able argue that they weren’t aware of the patent(s). This may also help to reduce an assertion that the posting was inaccurate and thus an accusation of false marking.

Proof That Can Be Used As Negotiation Leverage

In the same way that virtual patent marking can help to avoid issues, it can also provide that evidence is available to the patent owner. A log of all updates can be accessed all the way back to the first date of constructive notice.

With most virtual patent marking software, this will be kept on the platform itself, meaning that everything is kept in one place. Should the patent owner have all of these details at their disposal, the leverage against a potential infringer may be greatly increased during a settlement negotiation. As a result, the value of the patent is increased.

Many Patents Can Be Processed Simultaneously

For patent owners that have a large portfolio of products, or someone that is trying to virtually mark patents for more than one product at a time, using the correct software can help greatly. For example, with Markr, a whole host of different patents can be virtually marked in one go. Simply upload a CSV and products can then be linked with the relevant patents in just a few clicks.

The same applies for whenever a change is required, perhaps due to a change in patent status or something similar. After the changes have been made on the required webpage, they will immediately update for anyone that is trying to access patent information. Many other features can also be conducted in mass, such as:

  • Add Products – Fresh products can be added at any time and linked to existing patents.
  • Edit or Remove Products – Changes to product details can be made, or they can be deleted completely.
  • Include More Information – If people ask questions consistently about a particular aspect of the patent, the page can be updated to address this.

 

As this article has shown, there are a handful of advantages to virtually marking a patent, with this method being useful to anyone with a UK patent or a US patent. TerrifioTM can help to make the process as straightforward as possible with our comprehensive software, known as MarkrTM. Every aspect of the virtual patent marking process is covered, with a variety of tools included for your peace of mind. Don’t just take our word for it though, get in touch with our team of experts today and book a software demo!

This post should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your patent professional on any specific questions you may have.