Virtual Trademark Marking

The Leahy-Smith America Invents Act (AIA) made many changes to United States patent law, including an amendment to 35 U.S.C. § 287(a), the so-called “marking” statute.  The amendment provides patentees with the option of using “virtual marking,” i.e., affixing onto the article or its packaging the word “patent” or the abbreviation “pat.” followed by an address of a posting on the Internet that associates the patented article with the number of the patent.

Similarly, a registrant of a trademark needs to somehow give notice that a mark is registered, or forego some rights.  As with virtual patent marking, by allowing trademarks to be listed on an easily and rapidly updatable Web page as opposed to listing them on the article or its labeling, should lead to much lower packaging cost.  The article posted here explains why this should be permitted, and proposes a Bill to accomplish the change.

Also available at SSRN  

`© Robert Rose 2015