Does a product on the market have to state that it is patented? I need to know if this product is patented.
- Its not mandatory, but if a organization wants to notify potential competitor on infringement risk they can write the patent information on products.
keep in mind that false representation of patent can leads to penalties under IP laws.
- if you want to know if product is patented then you need to search about same in patent databases, it involves skilled person to dig out this information for you. in 90% of instances you get the patent by applicant name search if you are not getting any close patent for your search then your search is incomplete.
- Not really necessary to notify a product with the words such as "patent pending", "patent applied for" or "patented product". These words do not provide any legal protection against infringement. However, it may dissuade potential competitors from copying feature(s) of the product or the product as a whole.
You may refer to this link for more information: http://www.invntree.com/blogs/using-patents-marketing-tool-%E2%80%93-good-bad-and-ugly
- You may have to carry out search to find out if the product has been patented or not.
A couple of free online patent databases I suggest are:
Espacenet: Good data coverage Freepatentsonline: Good search interface. Patent data coverage is not as good as Espacenet
Using any of the above mentioned search databases, you can use various search strategies to identify relevant patent publications.
Top 5 patent search strategies
Key string search Patent classification search Citation based search Assignee based search Inventor based search
You may refer to below link to get an insight on how to conduct patent search: http://www.invntree.com/blogs/how-conduct-patent-search