A Patent Mark (often called Patent Marking) is the practice of labeling a product to indicate that it is protected by a patent. It informs the public, competitors, and potential infringers that the invention has patent protection.
Unlike a trademark, which protects brand names, logos, or taglines, and unlike copyright, which protects creative works, a patent protects new inventions, processes, or designs.
Purpose of Patent Marking
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Public Notice
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Patent marking notifies consumers and competitors that a product is protected by one or more patents.
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Example: Labels like “Patented”, “Patent No. 123456”, or “Patent Pending”.
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Legal Advantage
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In many jurisdictions, including India and the U.S., marking helps establish that an infringer had constructive notice of the patent.
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This strengthens the patentee’s case in claiming damages during infringement proceedings.
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Deterrence Against Infringement
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Competitors are discouraged from copying the invention when they see that a product is patented.
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Forms of Patent Marking
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Patent Number Marking
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The product is marked with the actual patent number.
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Example: “Protected under Indian Patent No. 987654”.
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Patent Pending Marking
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Used when a patent application has been filed but not yet granted.
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Example: “Patent Pending”.
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Warns competitors that protection may soon be enforceable.
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Virtual Marking (Modern Practice)
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Instead of printing the number on the product, companies provide a website link with updated patent details.
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Example: “Patented: www.company.com/patents”.
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This is especially useful when products are covered by multiple patents.
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Legal Framework in India
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Governed by the Indian Patents Act, 1970.
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Section 111 of the Act deals with damages for infringement and states that a patentee can claim damages if the infringer had knowledge of the patent. Proper patent marking strengthens this claim.
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False marking (marking a product as patented without having a patent) is prohibited and may attract penalties.
Benefits of Patent Marking
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Creates Awareness – Customers and competitors know the product is legally protected.
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Enables Damages – Helps claim damages in infringement suits by proving constructive notice.
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Boosts Brand Image – Enhances reputation as an innovative company.
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Global Practice – Accepted worldwide, making it important for international businesses.
Example
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Apple often uses virtual patent marking by listing its patents on its website.
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Products like the iPhone or MacBook include the label “Patented: apple.com/patents”.
Conclusion
A Patent Mark is not a type of intellectual property in itself but a notice mechanism used to show that a product is protected by a patent. It provides legal and commercial advantages, deters infringement, and strengthens the patent holder’s rights. Proper marking—whether by number, “patent pending,” or virtual listing—is a critical step in protecting and enforcing patent rights.