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- Title
GETTING AROUND THE MARKING REQUIREMENT: CLOSING THE LOOPHOLE ON DAMAGES.
- Authors
Buresh, Ethan
- Abstract
The article delves into the crucial role of patent marking in providing notice to the public and facilitating proper enforcement of patent rights. It discusses how the marking requirement, outlined in 35 U.S.C. § 287(a), ensures that patent owners can claim damages for infringement only after providing notice that a product is patented. It argues for a shift in the application of the marking requirement from a claim-by-claim basis to a patent-by-patent basis to address this loophole.
- Subjects
PATENT broker services; PATENT infringement; PATENTS; LEGAL claims; LOOPHOLES
- Publication
UMKC Law Review, 2024, Vol 92, Issue 4, p893
- ISSN
0047-7575
- Publication type
Article