You Have A Patent? Marking Your Patented Products Under the America Invents Act

The Leahy-Smith America Invents Act (AIA), which became fully effective on March 16, 2013, represented the first major overhaul of U.S. patent law in over 60 years.  Among the important changes caused by the AIA was a revision to the laws controlling the marking of patented products.  In particular, this paper will review the new virtual marking provisions of 35 U.S.C. 287(a), which allows patent owners to mark their products with an Internet address that provides the patent numbers associated with the product.  Practical examples for marking patented products, relevant to the rubber industry, will also be provided.  Related changes to the laws for false marking will also be reviewed in this paper.