< Back to latest news & events

News

Patents: displaying your rights using webmarking

September 2014

Showing the world what patent protection you have for your products in the UK gets easier. From 1 October 2014 the option of marking a product with a web address rather than specific patent information to demonstrate patent protection will become available in the UK. The web address must link to a webpage which clearly sets out the patent number(s) relevant to the product in question.

Marking a product to show it has patent protection could help stop accidental infringement of a patent. It may also help with obtaining damages from an infringer.

Currently in the UK the terms ‘patent pending’ or ‘patent applied for’ can be used on products to show that that a patent has been applied for. Once there is a granted patent, the product can be marked as patented. In both cases, the patent number and country of the application or patent should be displayed.

Of course, the current options of physically marking, or not marking at all, will still be available. It is hoped that the new webmarking option will reduce burdens and costs for business and individuals because webmarking means only the patent information on the website needs to be updated rather than on the products. Patent holders should ensure clear and accessible information is provided on any webpage that is to demonstrate patent protection. Any web address provided on a product must direct the reader to a webpage which clearly associates the product to the relevant patent or patent application number.

The UKIPO has produced guidance on webmarking of patent products. Following the guidance should help ensure an infringer cannot claim they were unaware of a patent at the time of infringement.

In summary patent holders which to use the webmarking system should ensure that:

  • Clear and accessible information is provided on the webpage
  • It can be ascertained from the webpage which patents apply to which  product/s
  • Products are clearly identified and display relevant model numbers/variants
  • Web pages are kept as up-to-date as possible to reflect patent details for each product/s
  • Note that QR codes alone will not themselves provide ALL members of the public with notice of patent rights

Finally, webmarking potentially provides a convenient and effective way to show the patent protection relating to your products in the UK and beyond. Although this notice is related to the recent UK changes, webmarking is already available in other countries, including the US.

If you have a query relating to webmarking of products in the UK or another country our experts at HGF are on hand to provide you with more information on displaying your patent rights.

Latest updates

PRESS RELEASE - HGF Appoints new Chair of the Board: Formerly Head of Engineering, Lucy Johnson

HGF announced a new Chair to its Management Board, Lucy Johnson. Lucy was previously head of the firm’s Engineering Group.  Effective immediately Lucy succeeds Jason Lumber who held the position …

Read article

IP Ingredients, Part 8: Exploring Non-Traditional Marks in the Food and Drink Industry

Traditionally, trade marks have been associated with brand names, logos, and slogans.  However, in today’s dynamic business landscape, non-traditional brand assets are gaining prominence especially in the food and drink …

Read article
Event - 5th-6th March 2024

Tech Patent Licensing Summit 2024

HGF is delighted to be attending the Tech Patent Licensing Summit in Munich. The Tech Patent Licensing Summit will be held at Hilton Munich Airport, Germany on Tuesday – Wednesday, …

Event details
Event - 5th-6th March 2024

Sedona Conference 2024

HGF is delighted to be attending the Sedona Conference 2024 in Munich. The Sedona Conference will be held at The Charles Hotel in Munich, Germany on Tuesday-Wednesday, 5-6 March 2024. …

Event details

Celebrating Success in the Pharmaceuticals Industry: Jazz Pharmaceuticals Enters Deal With Redx

HGF would like to congratulate Redx Pharmaceuticals on their recent deal with Jazz Pharmaceuticals concerning the global rights to Redx’s KRAS Inhibitor Program. This partnership has the potential to provide …

Read article

What's Next for CAR Cell Therapy?

The first generation CAR T cell was discovered in 1993 when the variable region of an antibody was fused to the constant regions of a T cell receptor.  Now, 20 …

Read article

Blog Series: IP Ingredients, Part 7: Data in food and beverage patent applications - Why, What & How much?

Questions I often get asked by innovators looking to file a patent application include: “What kind of experimental data do I need to include?” and “How many examples do we …

Read article