"False Marking—A Year in Review and Future Legislative Reform," R. Eric Gaum and Angelo R. Trivisonno, Law Clerk

For the last few years, the intellectual property community has been keeping a close eye on developments in one of the most controversial areas of patent law: false marking. Most recently amended in 1994, the “false marking statute,” 35 U.S.C. § 292, provides, in part and in brief, that a $500 penalty is imposed on each article that is falsely marked. As such, certain entities are finding it incredibly lucrative to file false marking claims against alleged infringers. If and until Congress amends the false marking statute, current patent holders must be extra vigilant to ensure that none of their products are incorrectly marked with patent numbers or language.