Patent Marking

A patentee may obtain a preliminary or permanent injunction against infringers without patent marking. Unlike the injunction remedy, however, the patentee must prove the intent or negligence of infringers in order to obtain damage compensation from the infringers. There are several ways to prove intent or negligence of an infringer. Patent Marking is not required but really effective and convenient in proving the intent or negligence of infringers. The Korean Patent Act allows patent marking on a container or packages, and there is no specific format required. For a process-patent marking, the patentee should specifically indicate that the patent is a process patent, e.g., "Korean Process Patent No. xxx."