When it comes to safeguarding innovation, patents are more than just paperwork—they’re also tools to communicate ownership and deter infringement. Traditionally, products are physically marked with patent numbers or the word “patented” to signal that certain features are protected. But in today’s digital world, a more flexible and cost-effective approach is gaining traction: virtual patent marking.
What is Virtual Patent Marking?
Virtual patent marking allows businesses to reference their patents online instead of printing specific patent numbers on the product itself. A typical label might read “Patented” or “Patent Pending”, followed by a website URL where a full list of applicable patents can be viewed. This method provides a streamlined way to notify the public—and potential infringers—that a product is protected by one or more patents.
Why Marking Matters
Patent marking serves a vital legal purpose. While not compulsory under Australian law, it can impact your ability to claim damages in an infringement case. If an infringer can reasonably argue they were unaware of the patent, damages may be reduced or limited.
That’s where virtual marking comes in. By directing people to an up-to-date webpage, businesses can:
- Keep their patent listings current without constantly updating packaging
- Reduce risk from inaccurate or obsolete markings
- Improve visibility and clarity of their IP rights
- Manage compliance more easily across multiple jurisdictions
Is Virtual Marking Recognised in Australia?
Yes—although not formally legislated like it is in the United States, virtual patent marking is supported in Australia. IP Australia encourages the practice, and the courts have shown a willingness to accept it, provided it meets certain criteria.
To implement virtual marking effectively:
- Use a dedicated, easily accessible URL on the product (e.g. www.businessname.com/patents)
- Make sure the online list clearly links each product to its corresponding patent number(s)
- Keep the list updated as new patents are granted or expire
- Ensure the website is functional and publicly available at all times
Design registrations or pending patent applications can also be listed, but it’s important to distinguish them clearly.
What About New Zealand?
New Zealand currently does not accept virtual patent marking as a legal substitute for physical marking. Products intended for the NZ market should still bear traditional markings with relevant patent numbers. If your business sells in both countries, be sure your IP strategy complies with each jurisdiction’s rules.
The Future of Marking
As innovation cycles shorten and product portfolios grow, virtual patent marking offers a practical, future-ready solution. It gives businesses greater control, lowers administrative costs, and makes it easier to maintain accurate records of patent protection.
For Australian companies looking to improve their IP enforcement strategy without adding operational complexity, virtual patent marking is a step worth taking.
Make Your Mark — Virtually
Innovation doesn’t stand still, so why should your patent marking? If you’re ready to modernise how you mark your products (and save a few packaging headaches along the way), let’s chat.
Talk to us about setting up virtual patent marking for your business.
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Reach out to us today to explore how we can work together to protect and enhance your clients’ intellectual property in Australia.
Virtual Patent Marking: A Smarter Way to Protect Your IP
Virtual Patent Marking: A Smarter Way to Protect Your IP
IP Value Beyond Enforcement
