Patent notices

If you own a patent and it is applied to goods it is advisable that that the goods should be marked with the words Registered Patent, Patent Number:…If a patent has been applied for but not yet granted, you can use the words ‘patent applied for’ or ‘patent pending’.

The importance of doing this cannot be stressed enough when dealing with an infringer as it serves to inform the infringer of your existing rights.

Further marking the goods in question can serve to rebut a defence by which an infringer can avoid liability for damages or an account of profits if he can show that he was not aware, and had no reasonable grounds for supposing, that the patent existed.

This is set out in section 62 of the Patents Act 1977.

Izaz Ali

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