How to mark patented products
Understand patent marking, how to label patented products, and use ‘patent pending’ to deter infringement and protect rights.
In the UK, while not legally required, marking your patented products can serve as public notice of your rights. This practice can deter potential infringers and may assist in claiming damages in infringement cases. Be careful, though, as incorrect marking can lead to legal risks, so always ensure your labels are accurate and up-to-date.
What is patent marking?
Patent marking involves labelling your product or its packaging with information about the patent covering it. Proper marking notifies the public that your invention is protected by a patent and may help you recover damages if your rights are infringed.
How to label your patented product
When marking your UK patented product, include the word 'patent' or 'patented', followed by either the relevant patent number or an internet link to a web address where details of the patent can be found. This is known as webmarking.
Webmarking has been permitted since 1 October 2014. The web page should clearly link the product to its relevant patent details. QR (quick response) codes can supplement, but not replace, webmarking. While QR codes are machine-readable, they do not provide direct notice to the public. It's common practice to combine a QR code with a textual web address to ensure accessibility.
Marking with 'patent pending' label
If your UK patent is still under application, you can mark the product as 'patent pending' or 'patent applied for'. It's important to note, however, that this does not - in itself - provide legal protection. It simply indicates that you are seeking protection for your invention and may act as a deterrent for potential violations while the patent application is in progress.
Patent marking for international sales
If you sell your product worldwide, you may need to adapt the markings to comply with local regulations in each country. If you are not sure what country-specific rules may apply, consult an intellectual property adviser to ensure compliance.
Risks of false patent marking
False marking occurs when a product is incorrectly labelled as patented. Failure to mark products correctly can lead to legal claims and/or substantial penalties. You must not:
- mark a product as patented if no valid patent exists
- use outdated patent numbers for expired or rejected patents
- mislead by implying a patent covers something it does not
To avoid the risks associated with failure to mark products correctly, keep your markings accurate, updated, and reflecting any changes to the patent's status. Read more on unauthorised claim of patent rights.