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The necessity of patent marking, as required by 35 USC � 287(a) for pre-filing damages, has been heavily debated in recent years. The statute causes a difficult dilemma for any patent holder whose patent covers a product manufactured or sold by it on whether or not to mark. This decision is usually based on many factors, including the value of the patent, the value of the product protected, the industry and the aggressiveness of the patent holder.
June 20, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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