Wanted: A Standard for Virtual Patent Marking

16 Pages Posted: 22 Apr 2020

See all articles by Gaétan de Rassenfosse

Gaétan de Rassenfosse

Ecole Polytechnique Fédérale de Lausanne

Kyle Higham

Hitotsubashi University - Institute of Innovation Research

Date Written: March 3, 2020

Abstract

Patent marking is used by patentees to provide a form of notice to the public about the existence of a patent and can increase damages awarded in cases of infringement. Historically, marking is done by listing the associated patents on the product they cover. Virtual patent marking (VPM), or web marking, offers patentees a convenient alternative to this practice by allowing patentees to place a web address, linking to a list of the associated patents, on the product instead of the static patent list. However, due to uncertainty in the legal community about proper implementation, adoption has been slow, despite broad agreement on their many advantages over traditional marking. In this article, we lay out guidelines for the proper implementation of VPMs and call for a formal standard to encourage their adoption.

Keywords: patent notice, product, standard, virtual patent marking, webmarking

Suggested Citation

de Rassenfosse, Gaétan and Higham, Kyle, Wanted: A Standard for Virtual Patent Marking (March 3, 2020). Available at SSRN: https://ssrn.com/abstract=3562133 or http://dx.doi.org/10.2139/ssrn.3562133

Gaétan De Rassenfosse (Contact Author)

Ecole Polytechnique Fédérale de Lausanne ( email )

Station 5
Odyssea 1.04
1015 Lausanne, CH-1015
Switzerland

Kyle Higham

Hitotsubashi University - Institute of Innovation Research ( email )

2-1 Naka, Kunitachi
Tokyo, 186-8603
Japan

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