What are the virtual Marking URL options?

James Burnes

Article written by:

James Burnes

PatentStatus - Founder & CEO

Two different web address formats dominate virtual marking strategies:

  • www.company.com/patents
  • patent.company.com

In both variations, such indicators as “http://” are not including on the actual marking. Technology available to more than 99% of U.S. consumers does not require this additional text to work. It is reasonable to expect that future case law or guidelines will not require it.

Alternative options include:

  1. pat.company.com
  2. www.company.com/pat/
  3. www.companypatents.com
  4. www.thirdpartyservice.com

While no examples have been identified, Option “3” is a plausible approach for a patentee who seeks to create a standalone web site where the registry is published. This option should only be considered when the website address of the parent company is not a brand the patentee desires to promote on its products or where the patentee seeks to have uniformity of a single virtual marking across multiple brands in their business. (Learn more about marking strategies for companies with multiple brands.)

Option “4,” third party services, refer to any virtual marking that is owned by an outside party. Several third party service providers now market their virtual marking services and expect their clients to put the service providers’ virtual marking (brand) on their products. It is strongly advised to avoid these services, as it takes marking ownership out of the patentee’s control. (Learn more risks and concerns when using third-party virtual marking services.)