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Patent Notice

November 20, 2018 | by | Patent Law

Once the patent office grants a patent, the patentee may notify the public of the existence of the patent by adding the words “patented” or “U.S. Patent No.” along with the patent number, to be marked on the articles marketed or sold in conjunction with the patent. In the absence of such marking, the patentee may only recover damages upon a showing that the defendant had specific notice of a charge for infringement, and damages will be limited to infringement that occurred after such notice. Patent applications are maintained in secrecy by the United States Patent and Trademark Office until they issue as Letters Patent.