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Virtual Patent Marking: Practical Considerations, Recent Court Guidance, and Ideas for Designing Your Own VPM Program

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, July 13, 2023

Recorded event now available

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This CLE webinar will guide patent owners and their counsel through virtual patent marking issues, nuances, pitfalls, and issues related to licensing that have patent marking clauses and what that means for your virtual patent marking program. The panel will also review traditional/physical marking and false marking. The panel will examine how courts are deciding issues related to virtual patent marking. The panel will provide practical experience and ideas for your consideration. The panel will also offer best practices for virtual marking of patented items and minimizing liability risks.


There are many potential benefits to patent marking. A thoughtfully designed patent marking program, tailored to your business, can help deter copying, maximize infringement damages, enhance negotiation leverage, and possibly even enhance the value of your patent portfolio. There are additional advantages to using virtual patent marking including using a URL link and a website to efficiently and cost effectively provide constructive notice to the public of your patents associated with particular products.

However, there's still a fairly high level of confusion and hesitance among patent owners about what a virtual patent marking program requires to be successful. We'll break down what you need to do to make virtual patent marking less daunting and more manageable. We'll also present and discuss new issues continuing to arise that haven't been resolved in litigation.

Listen as our authoritative panel of patent attorneys examines virtual patent marking. The panel will focus on virtual marking, including how courts are beginning to evaluate what is sufficient for virtual marking. The panel will go through examples, discussing some of the pitfalls and where there continues to be uncertainty. The panel will also offer best practices for virtual marking.



  1. Virtual patent marking
    1. Statutory requirements
    2. Court treatment and areas of uncertainty
    3. Examples of virtual marking
  2. Common implementation questions
  3. Best practices


The panel will review these and other key questions:

  • What factors must be considered when determining whether to use virtual patent marking?
  • How are the federal courts treating virtual patent marking?
  • What steps can patent owners and their counsel take to develop their virtual patent marking program?


Peters, Grant H.
Grant H. Peters

Barnes & Thornburg

Mr. Peters counsels clients on patent, trademark and copyright prosecution; patent and trademark clearance, validity...  |  Read More

Wheelock, Bryan
Bryan K. Wheelock

Harness Dickey & Pierce

Mr. Wheelock’s practice includes the preparation and prosecution of patent and trademark applications and...  |  Read More

Zuege, Austen
Austen Zuege

Intellectual Property Attorney
Westman, Champlin & Koehler

Mr. Zuege focuses his practice on intellectual property law in both transactional and litigation settings, including...  |  Read More

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