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Perspective

Jan. 15, 2010

To Mark, Or Not to Mark

Chris Holm of Milbank Tweed explains the benefits and risks for marking "patented" on products as well as the consequences of false-marking.

By Chris Holm

Everyone has seen the word - "Patented." It appears on cardboard protectors around our morning cup of coffee, and in the manuals for our televisions. It is "marking." There are benefits and risks for marking "Patented" on products. A recent Federal Circuit decision clarifies some of the risks. Forest Group, Inc. v. Bon Tool Co., No. 2009-1044, 2009 WL 5064353 (Fed.Cir. Dec. 28, 2009).

One of the benefits that comes from marking products as "P...

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