Virtual Patent Marking Management

Unlocking Potential Revenue in the U.S. Market

 Many innovative companies pursue U.S. Patents to safeguard their inventions in the world’s most successful and competitive market. Surprisingly, 9 in 10 miss out on potential revenue, leaving money on the table with infringing competitors. At Gastles, we’re changing that.

Virtual Patent Marking Services & Consulting

Comprehensive Solutions for U.S. Patent Owners

Gastles is your dedicated partner, offering end-to-end services to U.S. Patent owners, ensuring the establishment of compliant and auditable virtual patent marking programs.

Typically, in a patent infringement case, a U.S. patent owner sends a letter to an accused infringer, providing “actual notice.” The date of sending this letter starts a period during which damages may be assessed after a determination of infringement. The U.S. patent owner is entitled to damages for the period from actual notice until infringement stops. Importantly, however, the period can be as little as a few days or months from the actual notice date.

In sharp contrast, using VPM damages can be assessed for up to six years starting from the date when the VPM-URL appeared on the article and the patent and associated article first appear on the VPM list: the constructive notice date. With U.S. patent infringement damages awards approaching many tens of millions of dollars or more, the monetary value can be greatly influenced by the longest period established by the earliest constructive notice date.

Jim Gastle et al., ABA: The Value of Virtual Patent Marking

For its study Terrifio, a company that sells a virtual patent marking solution, scrutinized over 350 virtual patent marking webpages. It found that most had not been updated in an average of two years, with many products susceptible to non-compliance with virtual patent marking laws.

Mike Jones et al., IAM MEDIA: Court guidance on virtual patent marking needs to be heeded to protect products

A VPM programme can establish constructive notice as early as the date that the patent and associated article first appear on the VPM List. Damages are calculated to include up to a six-year period prior to actual notice. The quanta of US patent infringement damages awards, some now approaching many tens of millions of dollars or more, can speak for themselves.

Terrifio’s digital tool, Markr, is purpose-built to alleviate the setup and ongoing administrative burden associated with maintaining VPM compliance. Markr enables patent owners to efficiently manage their patent applications, issued patents and products, simplifying critical workflows to allow users to export VPM-compliant PDFs or update their VPM webpage in real-time.

Using insurance to help protect intellectual property Marking


Leveraging Advanced Technology for Patent Marking Compliance

At Gastles, we elevate our virtual patent marking services by using Terrifio Markr, a digital platform that we have built. This ensures our clients benefit from advanced and streamlined compliance strategies, making the virtual patent marking process as seamless as possible.