5 Reasons to Adopt Virtual Patent Marking

Shifting from traditional patent marking to virtual marking has several key advantages to patent holders that should be considered:

1. Virtual Patent Marks Offer Limitless Patent Notification

It is often difficult for patent holders to find placement on their products or marketing materials to list all patents the item is protected by. The need to convey protection to competitors is a primary factor in why the patent holder must publish patents for an item. Virtual marking allows the holder to provide public notice of all associated marks in a single place.

2. Virtual Marks Give Patent Holders Expanding Notification Opportunities

Traditional patent marks, at best, limit the communication to competitors merely to the Patent ID number issued by the USPTO. Virtual marks provide holders the opportunity to control the message – including related and ancillary patent protection information – to the competitor. This includes the ability to notify competitors to all applicable patents and link or relate patents to multiple products that may be covered by the same claim.

3. Virtual Marking Saves Time

By standardizing the patent mark to a single virtual mark, individuals within the patent holding company can simplify the process of verifying any patent information necessary on a good or related collateral. Moving forward with all molds, marketing collateral, etc. the company need only manage one marking, the URL to the public registry on the company web site.

Furthermore, it quickens the timeline for patent holders who have faced litigation or a failed patent application to quickly correct all related marketing collateral and materials in a single step.

4. Virtual Marking Saves Money

Every time a patent claim changes for a good or service, all materials that have that marking listed on it must be reprinted and updated with the new information. Consider how much money is spent on molds for products and all related printed material on an item and that is a LOT of money wasted when patent claims change.

Companies can eliminate all future change-related expenses, either due to litigation or human error, by adopting a virtual marking strategy that involves a single mark across all company materials. This is particularly important when faced with litigation or a failed patent application to quickly correct all related marketing collateral and materials without the time and effort it takes to work across departments.

5. Virtual Patent Marks Help Mitigate Human Error

Having one universal virtual marking for all goods and services enables the holder to mitigate human errors by employees who fail to handle markings correctly or fail to update materials as required. Virtual marking shifts control to legal departments who are versed in patent notification issues and takes away the chance of error that marketing, sales, manufacturing, advertising and product development departments make.

Corporations are making the shift to virtual patent marking right now. We have had clients tell us they estimate as much as a 90% cost savings over 5 years by shifting to a virtual marking strategy.