What is a patent false marking claim?
In order to put the public on notice of a patent, the patent marking statute (35 U.S.C. §287) permits the patent owner to mark products in some circumstances with the number of any patent that covers the product. However, intentionally marking products with false patent numbers is prohibited by 35 USC § 292, which establishes a qui tam cause of action for such false marking. A qui tam cause of action empowers any private citizen to bring suit on behalf of the government, and any recovery for false patent marking is split between the party bringing suit and the government. 2. Does my company need to be worried about patent false marking claims? Yes, if your company manufactures products that are marked with patent numbers. An audit should be performed to identify all products that are marked with patent numbers to determine whether the marking is correct. The numbers of any patents that have expired should be removed from all products. An opinion of counsel should be obtained for any re
