摘要
Patent marking refers to the act of a patent owner printing or including the relevant patent number on the goods she sells.Imagine that a patentee is selling her products in the United States and China.She obtained patents in both countries but did not mark the goods with patent numbers.Someone else sells identical products in both countries,infringing on the patent rights.The patentee sues the infringing party in the United States and in China.The infringing party immediately stops selling the identical products.Contrary to her belief,even if the patentee wins the suit,she cannot recover any damages in the United States but can in China.The outcomes of the above scenario are common and are contrary to conventional wisdom.This article compares patent marking and related statutes in the U.S.and China,presents several cases in both U.S.and China,and concludes the review by providing recommendations of some best practices for patent owners.
