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13 February 2010
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
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 (Izaz.Ali@lawdit.co.uk) Izaz is a commercial
lawyer who specialises in information technology law and intellectual property
law with an emphasis on IT, escrow, online and off-line contracts, and the
buying and selling of online businesses.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2010-02-20 16:38:20 in Legal Articles