What information should your virtual marking registry include?
There are a variety of data points that should be considered in publishing your registry on your company web site to provide proper constructive notice.
Fundamentally, a competitor or member of the public who visits your site should be able to easily search through the products on your virtual marking registry that your company makes to identify any patents you wish to provide notice for protecting that article.
Your database should include a search or listing for Product Names, Unique IDs (such as a SKU#), common marketing “name” of the product, etc.
When a user seeks to identify the patents protecting a particular part, your date for each product (and/or part) should include:
- Product Name
- Product Model #
- Patents Associated with the article
While it is simple to include additional data such as a description, abstract, claims, etc. that far exceeds the current case law requirements for marking – and thereby is unlikely a necessity for a virtual marking registry.
Additional fields you might consider adding to your registry to provide easier access to finding appropriate information includes:
- SKU (barcode label)
- Keywords associated with the product or part (including general consumer terms)
- Expiration Date
We recommend in addition to current, active patents, that you also include in your registry any expired and pending patents in the record for each product (and/or part). You should clearly note “patent pending” items as such, and also communicate for any expired patents that they are expired, and on what date those claims expired. (View other content that is being displayed on articles using a virtual patent marking.)