Press Releases
Barbara Fornasiero
barbara@eafocus.com
248.651.7536
ANN ARBOR – Eric J. Sosenko, a shareholder in the Ann Arbor office of Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., says a little discussed change in product markings under patent reform makes it easier for manufacturers and consumer products companies to protect their patents and keep patent information current without having to worry about referencing numbers or patent pending status. It’s called virtual marking and all it requires is for the company that owns the patented product to mark the product or the product packaging with the company’s website.
“The web address is now considered adequate to cover a variety of patent situations,” explains Sosenko, who leads Brinks’ patent reform task force. “The hassle of marking a product is eliminated with virtual marking because the website can have a page identifying the patent for the particular product.”
Patent reform also eliminated the $500 false marking fine that could be levied for each product that did not have a valid patent number or status listed. The lure of the fines, which could run into the tens of thousands, created a cottage industry of individuals and groups who trolled products for false marks and sought to collect money on each improperly marked product.
“The elimination of the fine and the introduction of virtual marking are two examples of where patent reform gets it right,” says Sosenko.
In the auto industry, virtual marking gives suppliers an opportunity to re-open the conversation with Original Equipment Manufacturers (OEMs) about marking products in general.
“Historically, OEMs do not like to have any marks on their products, but the imprinting of a website address seems much less invasive,” notes Sosenko. “I think some suppliers will pursue the concept of product marking again now that virtual marking is an option.”
Before virtual marking, there was also the inclination by some in the consumer products industry not to mark all off their products because the marking could become outdated when the patent expired or was otherwise changed. But Sosenko says virtual marking should shift that hands-off approach, which can result in a patent holder’s inability to recover damages for patent infringement.
“To claim an infringement, the infringer has to have known the product was patent protected. With the ease of virtual marking, there’s a much stronger argument to be made for patent owners to adopt a comprehensive product marking strategy,” affirms Sosenko.
Brinks Hofer Gilson & Lione
Brinks has over 140 attorneys, scientific advisors and patent agents who specialize in intellectual property, making it one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them identify, protect, manage and enforce their intellectual property. Brinks lawyers provide expertise in all aspects of patent, trademark, unfair competition, trade secret and copyright law. The Brinks team includes lawyers with bachelors and advanced degrees in all fields of technology and science. Brinks has offices in Chicago, Washington, D.C., Research Triangle Park, Salt Lake City, Ann Arbor and Indianapolis. More information is available at www.usebrinks.com.
