Patents and Patent Notices

There is no statutory requirement for patented goods to be marked with the words "patent" or "patented". However, in practice goods should be marked with these words (or in the case of a patent application, "patent applied for", "patent pending" or similar wording) and very importantly, with the patent number or patent application number, for the following reasons:

• First, this information will inform or remind third parties of the existence of the right and may deter infringers.
• Second, provided the patent number (or application number) or a relevant internet link appears as part of the relevant information, marking the goods 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. 

The reference to "a relevant internet link" was added to section 62 by the Intellectual Property Act 2014. The new provision gives patent proprietors an alternative way of providing notice of their patent rights. They will now have the ability to mark their products with either the specific patent number(s) or a relevant internet link. This link is defined as a reference to an address of a posting on the internet which is accessible to the public free of charge and which clearly associates the product with the patent number. However, transitional provisions in the commencement order state that the new provisions will not apply in respect of an infringement which occurred before 1 October 2014.

As indicated above, the goods should be marked as follows: 

• "Patent" or "patented", together with the patent number in the case of registered patents.
• "Patent pending", "patent applied for" or similar wording, together with the patent application number, in the case of patent applications. 

An offence may be committed if goods are incorrectly marked with the words "patent" or "patented". If a person falsely represents that anything disposed of by him for value is a patented product, he may be liable on summary conviction to a fine. This representation may be in the form of stamping, engraving, impressing or otherwise applying to the goods the word "patent" or "patented", or otherwise expressing or implying that the article is a patented product.