Willem Klein of RatnerPrestia. Virtual Patent Marking in an NFT World
Patent marking is an important step in the patent lifecycle. Setting aside inventions covered by method claims, patent marking is generally required to seek past damages from infringers; however, complex patenting portfolios make marking all patented products an intense act of bookkeeping.
November 23, 2021 at 11:06 AM
8 minute read
Patent marking is an important step in the patent lifecycle. Setting aside inventions covered by method claims, patent marking is generally required to seek past damages from infringers; however, complex patenting portfolios make marking all patented products an intense act of bookkeeping. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. Nonfungible tokens (or NFTs for short) on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
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