USPTO Seeks Comment on Virtual Marking | Practical Law

USPTO Seeks Comment on Virtual Marking | Practical Law

The US Patent and Trademark Office (USPTO) seeks public comment on virtual marking as an alternative to physically marking patented articles to provide public notice of their patent protection.

USPTO Seeks Comment on Virtual Marking

Practical Law Legal Update 2-571-3347 (Approx. 2 pages)

USPTO Seeks Comment on Virtual Marking

by Practical Law Intellectual Property & Technology
Published on 17 Jun 2014 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) seeks public comment on virtual marking as an alternative to physically marking patented articles to provide public notice of their patent protection.
The USPTO seeks public comment on virtual marking as an alternative way to satisfy 35 USC § 287(a)'s patent marking public notice requirement (79 Fed. Reg. 34291-01 (Jun. 16, 2014)). The USPTO seeks comment on:
  • The effectiveness of virtual marking as an alternative to physical marking.
  • Whether virtual marking limits or improves the general public's ability to access patent information.
  • Any legal issues or deficiencies concerning virtual marking.
The USPTO asks commenters to identify whether they are patent owners, licensees, or any other type of user, business or manufacturer. In particular, it seeks comments and observations on:
  • Creating and maintaining virtual marking Web sites.
  • The effectiveness of virtual marking.
  • Any challenges in providing sufficient notice to the public.
  • The economic impact of virtual marking, such as the cost differences between physical marking and virtual marking.
  • Any advantages, disadvantages, or practical or legal concerns with virtual marking.
Written comments may be sent by e-mail to [email protected] or regular mail, and must be received on or before July 16, 2014.