The Leahy-Smith America Invents Act modernizes the ways in which patent holders may mark their products. It specifically allows patent owners to mark their products with an Internet address, which then lists the patent numbers associated with the product.
Due to this change in patent marking requirements, several companies are offering virtual patent marking services. For instance, PatentStatus offers a software program that allows patent holders to create and manage a patent database linking patents to products and parts. The patent holder can then satisfy the new patent marking requirements by publishing the registry to its website. PatentStatus also keeps detailed history logs and documentation should patent infringement litigation later arise.
Of course, I want to make it clear that I am not endorsing the PatentStatus software, have not tested it, and have no financial relationship with the supplier. Therefore, I encourage companies seeking to take advantage of virtual patent marking to perform their own due diligence before purchasing any IP software system.
In addition, you should always consult with an experienced patent attorney such as myself to ensure that you have fully complied with the USPTO’s virtual marking guidelines.