Virtual Patent Marking

5 October 2014

With effect from 1 October 2014, the UK Patents Act is being amended to provide more flexibility with respect of marking of patented products as such. The law as amended will provide for a patent proprietor to be able to mark a product protected by patent(s) with an internet link to a website/webpage providing relevant patent number(s). Such a marking will avoid the possibility of alleged infringers avoiding a contrary finding of damages by claiming a defence of “innocent infringement” (as is currently the case if a product is marked with a patent number). The ability to mark a product with an internet link rather than with the relevant patent number(s) themselves should simplify product labelling and ensuring that labels are up-to-date.

Further details including some practical guidance on how to implement this can be found in the UKIPO’s briefing "Webmarking of Patented Products – Business Guidance" a link to which is provided here.

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