Kennedy Hodges, L.L.P. Legal Blog

A company that falsely advertises a product as patented for the purpose of deceiving the public can be held liable to the US government for "not more than $500" for each offense. 35 USC 292. The statute gives authority to "any person" to sue and collect 50% of the award.

This means that a company can be held liable for each product sold with a false patent claim attached to it. For companies that sell thousands of units, the result could be a recovery worth millions.

If you believe you may have a claim under the false patent marketing statute, please contact us.