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>False Patent Marking

>The false marking statute, 35 U.S.C. ?º 292(a), is a little-known statute (unless you happen to be a patent attorney), that aims to prevent a patent owner from hindering competition by falsely marking their products with a patent number that does not cover the product. The false marking statute provides for damages of ?Ç£not more than $500 for every such offense.?Ç¥ Furthermore, the false marking statute allows ?Ç£any person?Ç¥ to sue for the penalty and split the award with the federal government in a qui tam action. In December 2009, the Federal Circuit, in the suit Forest Group, Inc. v. Bon Tool Co., clarified that ?Ç£every such offense?Ç¥ meant that each article or product made by an company that was falsely marked will receive a fine of ?Ç£not more than $500.?Ç¥ Previously, courts had various interpretations of the statute and might find a single offense and fine a company $500… Continue Reading

February 2010
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