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Virtual Patent Marking

On 1 October 2014, the UK Patents Act was amended so that instead of patent holders having to mark their products with a patent number, they have the option of providing a web address instead. The web address must direct the reader to a webpage which clearly associates the product with the relevant patent number. This option will reduce the burden and costs for patent owners in labelling their products. Virtual patent marking is already in force in the US and so applies to US patents as well.

Guidance from the UK Intellectual Property Office is available here.

There is of course the option of not marking products at all; however, this reduces the likelihood of having a successful claim for damages from an infringer.

For further advice, please contact us and we will be happy to advise you further.

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