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Patent Marking

As permitted under 35 U.S.C § 2871, this site provides selected patent information about selected Brainlab products. Not all Brainlab products are included, and not all Brainlab patent information about such products is necessarily provided here. This site is not intended to provide legal advice, does not waive any Brainlab legal rights or remedies, and should not be used for any purpose other than determining whether Brainlab has elected to mark selected products with selected patent information under 35 U.S.C. § 287(a).

  1. 35 U.S.C § 287(a) Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word “patent” or the abbreviation “pat.”, together with the number of the patent, or by fixing thereon the word “patent” or the abbreviation “pat.” together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. Filing of an action for infringement shall constitute such notice.