35 U.S.C. § 292 — False marking

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's illegal to falsely mark products as patented, or claim a patent application is pending when it isn't, in order to fool the public. Only the U.S. government can sue for the $500-per-offense fine, but someone hurt by the false marking can sue for damages. Marking an expired patent isn't a violation.

(a) You break this law if, without the patent owner's permission, you mark, attach a label to, or advertise something you made, used, offered for sale, sold, or imported using the patent owner's name (or something like it), the patent number, or words like "patent" or "patentee" — intending to fake the patent owner's mark or to trick the public into thinking the item was made, sold, or imported by or with the patent owner's permission. You also break this law if you mark, label, or advertise an unpatented item with the word "patent" or any word or number suggesting it's patented, in order to trick the public. You also break this law if you mark, label, or advertise any item with "patent applied for," "patent pending," or similar words, when no patent application was actually filed — or if one was filed but isn't pending anymore — in order to trick the public. Anyone who does these things can be fined up to $500 for each offense. Only the United States can sue to collect this fine. (b) If you were hurt competitively by someone breaking this law, you can file a civil lawsuit in federal district court to recover damages for your injury. (c) It's not a violation to mark a product with information about a patent that used to cover it but has since expired.

the actual law source: uscode.house.gov ↗public domain

(a)

Whoever, without the consent of the patentee, marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such person within the United States, or imported by the person into the United States, the name or any imitation of the name of the patentee, the patent number, or the words “patent,” “patentee,” or the like, with the intent of counterfeiting or imitating the mark of the patentee, or of deceiving the public and inducing them to believe that the thing was made, offered for sale, sold, or imported into the United States by or with the consent of the patentee; or

Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word “patent” or any word or number importing that the same is patented, for the purpose of deceiving the public; or

Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words “patent applied for,” “patent pending,” or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public—

Shall be fined not more than $500 for every such offense. Only the United States may sue for the penalty authorized by this subsection.

(b)

A person who has suffered a competitive injury as a result of a violation of this section may file a civil action in a district court of the United States for recovery of damages adequate to compensate for the injury.

(c)

The marking of a product, in a manner described in subsection (a), with matter relating to a patent that covered that product but has expired is not a violation of this section.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 103–465, title V, § 533(b)(6), Dec. 8, 1994, 108 Stat. 4990; Pub. L. 112–29, § 16(b)(1)–(3), Sept. 16, 2011, 125 Stat. 329.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 814
1994Amended · Pub. L. 103-465 · 108 Stat. 4990
2011Amended · Pub. L. 112-29 · 125 Stat. 329

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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