“Marking a method: Is it required?” Rex W. Miller, Patent Agent

In Crown Packaging Technology, Inc. v. Rexam Beverage Can Co., the Federal Circuit reaffirmed that the marking requirement of 35 U.S.C. §287 does not apply to method claims. When a tangible item or product is closely related to a patented method, however, or when both product and method claims may be infringed, marking the product may still be advisable to alert potential infringers to the existence of the patent.