False Patent Marking: Litigation and Legislation

Yeh, Brian T.

Library of Congress. Congressional Research Service.

关键词: Intellectual property;    Patents;    Patent law and legislation;   

RP-ID  :  R41418
RP-ID  :  R41418_2010OCt20

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.