Patent marking

The second section provides basic protection against the passing off of goods as patented or as the product of a patent holder. 35 U.S.C. 292 imposes a maximum 500 fine for every use of the name or imitation of the name of the patentee, use of the patent number, and use of the words patent or patentee or the like, if such act was intended to imitate the mark of a patentee or to deceive the public by inducing them to believe that the thing was made or sold by or with consent of the patentee, or if the act was committed with the intent of leading others to believe falsely that an item was patented. The statute allows private parties to sue for and recover one half of the penalty. Thus, 

---

Another study (2) found that although the ARS had a relatively small number of patents compared to the private sector in agricultural-related areas, the ARS patents were cited more often than private patents. Thus, the ARS patents were considered more often "key" patents marking significant advances in knowledge (2). 

J. F. Sibley, Online Patents, Trade Marks, and Serrice Marks Databases, ASTIB, London, 1991. 

The production of vitreous siUca from chemical precursors was first described in patents filed in 1934, including a fabrication method in which fine, high purity powders were produced by decomposing silanes (39). Forms were then cast from aqueous sHps. More importantiy, a dame hydrolysis process which used SiCl as the chemical precursor was described (40). This latter approach led to a marked improvement in glass purity and served as the basis for the processes used in the 1990s to make synthetic vitreous siUca. 

The Trademark Reporter, a pubhcation of the United States Trademark Association, carries in its monthly issues and yearly index a revealing tabulation of marks involved in decisions of the Patent and Trademark Office and the courts, and found to be confusingly similar as appHed to the goods for which they were intended. 

Depending on the circumstances, seemingly descriptive marks when taken as a whole might constitute only suggestive terms. A 1968 decision of the Court of Customs and Patent Appeals is illustrative. Sugar and Spice was held registrable for bakery goods. The court stated ... 

Patent and Trademark Office, U.S. Department of Commerce, OfficialGa tte, Washington, D.C., pubhshed weekly. The trademark section, available separately, Hsts marks accepted, subject to opposition, with details of the appHcation and all marks actually registered. 

It is stated in the basic patent that ethylene oxide (II) and 1.3-dioxolane (III) are the preferred materials. By the occasional incorporation of molecules containing two successive methylene groups the tendency of the molecules to unzip is markedly reduced. 

The artificial musk which was the first to achieve marked success was that manufactured under the patent of Albert Baur (English patent No. 4963 of 1889). The provisional and complete specifications of this patent are as follows —... 

Reichs-gesrmdheitsamt, n. Government Board of Health, -kraftstoff, m. a motor fuel containing benzol, alcohol and tetralin. -mark, /. reichsmark (the German monetary unit), -patent, n. German patent. 

An alternative process from U.S. Patent 3,635,946 A vigorously stirred reaction mixture consisting of 32.B7 g (0.1 mol) of 5-fluorouracilmercury, 100 ml of dimethylformamide and 50 ml of toluene is dried by azeotropic distillation of toluene. It is then cooled to -40°C in a stream of dry nitrogen, and a solution of 21.3 g (0.2 mol) of 2-chlorofuranidin in 20 ml of dried dimethylformamide is gradually added to the stirred mixture, the temperature being maintained between -40°C and -30°C. After completion of the reaction (which is marked by complete dissolution of the starting 5-fluorouracilmercury) i.e. after about 3 to 4 hours, 60 to 80 ml of the solvent are distilled off in vacuo at a bath temperature not exceeding 35°C ... 

Foreign countries require registration of a mark in compliance with local laws. The local laws vary a great deal thus, it is necessary to consult a local attornev or a U.S. attorney familiar with foreign patent and trademark law in order to register a mark in a foreign country. 

Information concerning the registration of marks in the U.S. may be obtained from the Commissioner of Patents and Trademarks, Washington, D. C, 202.31. 

---