Patent Notice: Why Bother?
Patent Notice: Why Bother?
Kathy Wojtalewicz, MLO Patent Agent
Nicole Oden, MLO Of Counsel
Maybe you’ve heard about patent notice before. Maybe you skimmed an article on it or meant to look into it but got sidetracked by something more thrilling——like reorganizing your sock drawer by color. But what exactly is patent notice, and why should you care?
What Is Patent Notice?
Patent notice is your way of telling the world (and potential copycats) that your product is protected by a patent. It’s not just a formality—it’s a legal requirement under 35 U.S.C. § 287 if you want to maximize your ability to recover damages from infringers. Patent notice comes in two flavors: physical marking and virtual marking. Both help deter infringement, preserve your rights, and make enforcing your patent a whole lot easier.
Why Should You Do This?
It deters infringers – Most people don’t want to get sued. A clear patent notice tells competitors to think twice before copying your product.
It preserves your right to damages – If you don’t mark your product properly, you may not be able to collect damages from infringers until you send them a formal notice (which, let’s be honest, is a pain).
It simplifies enforcement – As explained below, virtual marking makes updating patent numbers easier, so you don’t have to add new numbers onto every single unit.
What Do You Need to Do?
Physical Marking – If possible, mark your product with "Patent" or "Pat." on the product, followed by the relevant patent number(s) (e.g., Pat. No. 10,000,000). This is the classic approach—but not always the most practical.
Virtual Marking – Instead of slapping patent numbers on the product itself, just use a webpage including “patent” in the address (e.g., www.company.com/patents). That webpage should list all relevant patents in relation to your products. You mark your product with the webpage address instead of all those pesky patent numbers. The best part? When new patents issue, you don’t have to touch the product—just update the webpage.
What If You Can’t Mark the Actual Product?
If physically marking your product isn’t an option—maybe it’s too small, made of fabric, software-based, or just too sleek to mess with—you can simply put the patent notice on a label, the packaging, or a software about page instead. Problem solved.
The Takeaway
Marking your product with patent notice isn’t just a legal box to check—it’s a strategic move to protect your rights, deter infringement, and simplify enforcement. Whether you choose physical or virtual marking, making the effort ensures you’re in the best position to defend your innovation. A little upfront diligence can save a lot of headaches down the road.
At MLO, we take the hassle out of this process by keeping track of your issued patents and making sure you know what to add to your patent notice webpage. Have questions? We’re happy to help navigate the process. Reach out to us for a free consultation.