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Leahy-Smith America Invents Act Implementation


President Barack Obama signs the America Invents Act September 16, 2011, at Thomas Jefferson High School for Science and Technology in Alexandria, VA

USPTO Seeking Written Comments on Virtual Marking for AIA Report

The AIA requires the USPTO to report on the effectiveness of virtual marking as an alternative to physically marking articles with patent information.  The AIA contained a provision permitting a virtual mark as a means of providing public notice that an article is subject to patent protection in lieu of a physical mark on the patented article.  The AIA mandates the USPTO to complete the report for Congress by September 16, 2014.

To fulfill its AIA reporting requirement, the Office is seeking public comment on specific aspects of virtual marking:

  •  whether virtual marking is effective for giving public notice;
 •  whether virtual marking has limited or improved the public’s ability to access patent information;
 •  whether and what legal issues arise from virtual marking; and
 •  whether virtual marking has any deficiencies.  

Comments on these topics, along with any other issues or experiences regarding virtual marking, may be emailed to by July 16, 2014.  More information about the Virtual Marking Report is available here =  

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For questions and clarifications about the AIA:

AIA Help Telephone:  1-855-HELPAIA
AIA Email:

USPTO responses are provided for informational purposes only and should not be construed as providing legal advice or legal opinions.

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Last Modified: 7/7/2014 4:25:10 PM