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PATENT MARKING AND "PATENT PENDING"
http://www.abanet.org/intelprop/comm106/106general.html
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
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.
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Originally Posted by WarChild
So if this edge whoever dude is making software that is NOT labeled as patented WITH the patent number, then it reads to me like cyberxxx can just go ahead and make his shit anyway. The penalty, according to the law, is that if he really does hold a patent, he can't collect shit on it anyway.
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WarChild, from my understanding once he does 'mark' his patent and sends a formal notice to the so-called 'infringer' and IF the 'infringer' continues to monetize on his product, then he can enforce his patent and seek monetary damages. **But fair warning, I'm not a lawyer either hehe