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Re: doogdilinger post# 25403

Thursday, 09/20/2007 11:56:42 PM

Thursday, September 20, 2007 11:56:42 PM

Post# of 72325
The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited.

"The protection afforded by a patent does not start until the actual grant of the patent." ---- A patent pending is as good as a patent ONCE it is granted, because it becomes retroactive.

The marking serves to notify potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued.

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