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Inc. magazine: Gerry Kraai and Justin Poplin on New Patent Law Ruling

3/3/2010

New Patent Law Ruling Could Cost You Big Bucks

The stakes have been raised on "false mark" lawsuits -- it's time to review your labels.

Got a patent, or have you labeled your product "patent pending" before you've actually put the application in the mail? A recent court ruling on false marking could make you liable for some big bucks – and anyone (not just a competitor) can file a lawsuit.

Patents, of course, stop competitors from stealing your ideas, and if you don't mark them on your products, you're limited in the amount of damages you can recover. But if you stamp your baby wrongly in an attempt to head off competition, you may find yourself on shaky legal ground; a December court decision seriously has raised the stakes. Read more ...