Patents are dynamic: new patents
are granted and existing patents expire and a patent’s scope may change during
its 20-year lifetime, as for example, if one or more of its claims are
invalidated. Similarly, products based on patents also may undergo changes due
to market demand or obsolescence, although thousands of products exist in the
market even after expiry of the original patents covering them.
Patent Marking and Virtual Marking
Patent Marking provides
constructive notice to the public that a product is protected by the listed
patent(s). The purpose of patent marking is to help prevent innocent
infringement. Usually, the products are marked with the word “patent” or “pat.”
followed by the patent number. Under the AIA, an alternative form of patent
marking, “virtual marking” is now permissible. A covered product may be marked
with “patent” or “pat.” in a free-to-access web address that associates the
product with the appropriate patent number(s).
There are many benefits to
properly marking patented products including increased damages in patent
infringement litigation. Under the AIA, only the United States or someone with
a competitive injury can sue a patentee for false marking. However, marking may
still create a risk of liability if done improperly.
Patent Marker
Patent Marker is a
database of products and patents, in which the patents that apply to each
product are identified. Patent Marker can serve as a standard virtual marking
procedure. Any registered user is free to add a product for marking. Patent
Marker is an online tool that makes it easy for companies/patentees to mark
their products and serve notice to the public of their ownership of inventions.
The table below (sourced from
Patent Maker) illustrates some of the pharma and consumer electronics patent
expiration cases in March 2014.
U.S. Patent Number
Title
|
Owner/Assignee
|
Products Covered
|
Category
|
Indole
derivatives
|
Axert
|
Pharma
|
|
Method of
enhancing bioavailability of pharmaceutical agents
|
Accolate
|
Pharma
|
|
7-(1-pyrrolidinyl)-3-quinolone-
and - naphthyridone-carboxylic acid derivatives as antibacterial agents and
feed additives
|
Avelox, Moxeza, Vigamox
|
Pharma
|
|
Methods
of use for inhibiting bone loss and lowering serum cholesterol
|
Evista
|
Pharma
|
|
Solid
orally administerable raloxifene hydrochloride pharmaceutical formulation
|
|||
Adhesive
patch for applying analgesic medication to the skin
|
Lidoderm
|
Pharma
|
|
Delayed
release microtablet of beta -phenylpropiophenone derivatives
|
Rythmol SR
|
Pharma
|
|
Antifungal
vaginal cream composition
|
GE
Capital (as second lien agent)
|
Monistat 1 Combination
Pack
|
Pharma
|
Use of
granisetron for the treatment of postoperative nausea and vomiting
|
Kytril
|
Pharma
|
|
Treatment
of emesis with morpholine tachykinin receptor antagonists
|
Emend
|
Pharma
|
|
Morpholine
compounds are prodrugs useful as tachykinin receptor antagonists
|
|||
Methods
and compositions for pulmonary delivery of insulin
|
Exubera
|
Pharma
|
|
Dispersible
macromolecule compositions and methods for their preparation and use
|
|||
2-arylthiazole
derivatives and pharmaceutical composition thereof
|
Uloric
|
Pharma
|
|
Coiled
stent with locking ends
|
Guidant Multi-link Vision Coronary Stent System
|
Medical Devices
|
|
Perfusion
dilatation catheter with expanded support coil
|
|||
Catheter
providing intraluminal access
|
|||
Flexible-expandable
stent
|
NIRflex Premounted
Coronary Stent System
|
Medical Devices
|
|
5'
nucleases derived from thermostable DNA polymerase
|
Cervista HPV HR test
|
Health Resources
|
|
Symbol
scanning system and method having adaptive pattern generation
|
Itronix fex21
|
Electronics
|
|
Bar code
reader with multiple sensitivity modes using variable thresholding
comparisons
|
Itronix fex21
|
Electronics
|
|
Transmission
signalling technique for a reservation request
|
Motorola i700plus
|
Electronics
|
|
Moving
picture display apparatus and external memory used therefor
|
Nintendo, Ricoh
|
Nintendo game boy micro
|
Video Games
|
Soft
tissue
|
Cottonelle Clean/ Gentle/
Ultra Comfort Care Toilet
|
Household Essentials
|
The database
includes powerful search functionality that can be used to identify products
and their related-patents, patent expiration date, number of litigations the
patent is involved, etc. The database interfaces with MaxVal’s Litigation Databank and Assignment
Database to retrieve litigation and current assignee information,
respectively.
MaxVal offers a free web-based patent tool, Patent Term
Estimator that automatically calculates patent terms and expiry[i]
date for U.S. utility patents. For comprehensive bulk calculation of the patent
term and expiry date of US patents considering Patent Term Extensions (PTE)/Patent
Term Adjustment (PTA), Terminal Disclaimers (TD) and Maintenance Fees paid, you
can contact us.
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