There is no statutory requirement for patented goods to be marked
with the words "patent" or "patented". However, in practice goods should
be marked with these words (or in the case of a patent application,
"patent applied for", "patent pending" or similar wording) and very
importantly, with the patent number or patent application number, for
the following reasons:
- First, this information will inform or remind third parties of the existence of the right and may deter infringers.
- Second, provided the patent number (or application number) or a
relevant internet link appears as part of the relevant information,
marking the goods can serve to rebut a defence by which an infringer can
avoid liability for damages or an account of profits if he can show
that he was not aware, and had no reasonable grounds for supposing, that
the patent existed.
The reference to "a relevant internet link" was added to section 62 by the
Intellectual Property Act
2014. The new provision gives patent proprietors an alternative way of
providing notice of their patent rights. They will now have the ability
to mark their products with either the specific patent number(s) or a
relevant internet link. This link is defined as a reference to an
address of a posting on the internet which is accessible to the public
free of charge and which clearly associates the product with the patent
number. However,
transitional provisions in
the commencement order state that the new provisions will not apply in
respect of an infringement which occurred before 1 October 2014.
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