From 35 U.S. Code § 287 http://www.law.cornell.edu/uscode/text/35/287

"In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice"

But it seems in practice, nearly no one mark their patents. How can Apple sue Samsung if it did not mark its patents?


1 Answer 1


You can mark it on the packaging and now you can mark a url that leads to a list of the patents. Also, this requirement does not apply if only method claims are being asserted- nothing to mark.

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