Companies Frantically Update Records as New Patent Law Looms

Written by Pat's Papers | Wednesday, 1 September 2010 7:45 AM

If you inspect the package of almost any household item—from a Frisbee to a tube of toothpaste to a Brooks Brothers bow tie—you’ll notice a patent number on it somewhere. And according to the Wall Street Journal, those numbers are often expired. Considered anti-competitive, it’s illegal to display a patent number if it references one that’s expired. In the past, companies faced a small and insignificant fine for such infractions.

But the Journal says a recent federal court decision has changed that, ruling that a company can be sued $500 for each count of misleading the public. If you pump out hundreds of thousands of bow ties a year, that number can add up quickly. No one has been awarded a windfall settlement yet under the new penalty guidelines, but the change has companies frantically trying to update their records.

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