Originally Posted by
mattman
so if it isn't marked with a patent number (but has a patent), the only way the producer can get sued is if he continues to produce it after he is warned?
I'm not going to give legal advice, but I will paste the relevant statute. If you guys want legal advice on it, you'll have to pay my hourly rate!!
35 U.S.C. 287 Limitation on damages and other remedies; marking and notice.
(a) Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. Filing of an action for infringement shall constitute such notice.
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