Book A Demo

Join our early access programme. Save $250 over 30 days. No credit card required.

Virtual Patent Marking: What You Need To Know

by Terrifio Team | January 30, 2023

Virtual Patent Marking: What You Need To Know

Virtual patent marking is a process that allows patent owners to inform the public that their products are protected by one or more patents, without having to list each patent on the physical label or on the product itself. This innovative approach to patent marking offers many advantages over traditional patent marking and is becoming increasingly popular among companies seeking to protect their intellectual property.

This article explains the concept of virtual patent marking, its definition, how it differs from traditional patent marking, and the benefits it offers. We also provide a basic step-by-step guide on how to implement virtual patent marking, including some best practices. We also discuss the relationship between virtual patent marking and patent infringement, and some possible consequences of false marking.

Importance of Virtual Patent Marking

As more and more companies use the internet to market and sell their products, virtual patent marking is becoming more and more common. Virtual Patent Marking (VPM) makes it easier for potential infringers to learn about existing patents and easier for patent owners to enforce their rights by providing clear and conspicuous notices of patent protection on a dedicated VPM website. Additionally, virtual patent marking also acts as a deterrent to potential infringers.

What is Virtual Patent Marking?

Virtual Patent Marking Definition and Explanation

Virtual patent marking is a process that allows patent owners to inform the public that their products are protected by one or more patents without requiring a physical label or marking on the product itself. This is accomplished using a VPM webpage that lists the patents together with their associated products.

Differences Between Virtual Patent Marking and Traditional Patent Marking

Traditional patent marking involves a label or other indication physically affixed to a product or, if necessary, a package that indicates that the product is protected by one or more patents. Virtual patent marking, on the other hand, uses a dedicated VPM webpage that informs the public about patent protection.

Benefits of Virtual Patent Marking

Using virtual patent marking has several advantages:

  • Reduce costs by not having to constantly update physical labels and markings on your products.
  • Increase flexibility by easily updating VPM online resources to reflect changes in patent coverage.
  • Increase visibility by allowing potential infringers and the public to easily access VPM online resources.

How to implement virtual patent marking

Instructions for Implementing Virtual Patent Marking

  • Identify patents that cover your product
  • Create a dedicated VPM webpage to list your patents
  • Clearly and conspicuously label your products in a specific format, by including URLs to your VPM webpage (e.g., “patent” or “patent” followed by the specified URL, such as companyname.com/patents.)

Virtual Patent Marking Best Practices

  • Regularly update your VPM webpage to reflect any changes in patent coverage, status (such as expired patents or a transfer of patents), or associated products,.
  • Direct customers to your VPM online resource by providing a clear and prominent product label in the specified format.
  • Make sure your VPM online resource is easily accessible and can be found by search engines without limiting access to the public in any way.
  • Keep a record of when and how your products were labeled and uploaded to the VPM webpage and associated with your products, which will be important in the event of apparent infringing activities by third parties.

Virtual Patent Marking and Patent Infringement

How Virtual Patent Marking relates to Patent Infringement

Virtual patent marking helps to inform potential infringers of the patent owner’s rights (this is known as “constructive notice”) and can act as a deterrent to potential patent infringers. It also allows potentially greater leverage in licensing discussions, or higher damages to be sought for infringing activity occurring after the patent owner has provided constructive notice.

The consequences of false marking

If the product is not properly marked, the patent owner may not be able to recover the potential damages for infringement that occurred before the infringer had actual notice of the patent. This can significantly reduce the value of the patent, by reducing the potential damages to be awarded in the event of a finding of infringement. In some cases, improper marking can be considered false marking which can lead to possible penalties.

How Virtual Patent Marking can protect your patents

By providing constructive notice of the patents with virtual marking, patent owners can better protect their patents by deterring potential infringers and recovering greater potential damages from infringement .

Conclusion

Summary of key points

In this article, we discussed the concept of virtual patent marking, its definition, how it differs from traditional patent marking, and the benefits it offers. We also provided a basic overview of how to implement virtual patent marking, including some best practices to consider. We also discussed the relationship between virtual patent marking and patent infringement, and the consequences of improper marking of products.

Final Thoughts on the Importance of Virtual Patent Marking

As more and more companies use the internet to market and sell their products, virtual patent marking is becoming more and more important. It offers several advantages over traditional patent marking methods, including reduced costs, increased flexibility, and improved visibility.

Requiring Companies to Implement Virtual Patent Marking

We encourage all businesses to consider implementing virtual patent marking to better protect their intellectual property. By notifying patents through virtual (flags) patent marking, companies can deter potential infringers, have greater leverage in licensing negotiations, and seek higher damages for infringement.

This article should not be construed as legal advice or a 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.