Authorities
35 U.S.C. § 287: Marking and notice
35 U.S.C. 287 ties patent damages to marking and notice.
Citation: 35 U.S.C. § 287
Type: Statute
Jurisdiction: Federal
Issuing body: U.S. Congress
Status: In force
Subsection (a) governs patent marking: failure to mark a patented product can limit damages, and no damages may be recovered for infringement before actual notice if the products were not marked. A demand letter may serve as that notice.
Related guides.
- Patent Basics for Litigation, with a Glossary
- Remedies: Damages, Injunctions, Enhanced Damages, and Fees
Sources.
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