Thursday, July 10, 2014

Effectiveness of Virtual Marking for Patents

The America Invents Act (AIA) requires the United States Patent and Trademark Office (USPTO) to report on the effectiveness of virtual marking as an alternative to physically marking articles with patent information. The AIA contained a provision permitting a virtual mark as a means of providing public notice that an article is subject to patent protection in lieu of a physical mark on the patented article. The AIA mandates the USPTO to complete the report for Congress by September 16, 2014.
To fulfill its AIA reporting requirement, the USPTO is seeking public comment on specific aspects of virtual marking:
  • whether virtual marking is effective for giving public notice;
  • whether virtual marking has limited or improved the public’s ability to access patent information;
  • whether and what legal issues arise from virtual marking; and
  • whether virtual marking has any deficiencies.

Comments on these topics, along with any other issues or experiences regarding virtual marking, may be emailed to by July 16, 2014.
For more information about the Virtual Marking Report access