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What Ever Happened to Virtual Patent Marking?


Hyperion Research's ongoing survey programs help us benchmark and analyze leading trends and issues in legal operations and performance - and report them to YOU.

We're asking for 5 minutes of your time and your thoughts about

Virtual Patent Marking

The American Invents Act (AIA), signed into law on September 16, 2011, introduced the option for patentees to "virtually mark" articles to provide constructive notice that an article is patented.  Congress sought to reduce costs for manufacturers and facilitate effective marking of small products.  This survey seeks to collect information concerning the use of Virtual Patent Marking as introduced by the AIA.

The survey's aim is to determine:

  • Who uses Virtual Patent Marking
  • How Virtual Patent Marking is done
  • Why companies are not using Virtual Patent Marking and obstacles to implementing it

The data collected by this survey will allow for a better understanding of how successful this initiative has been and what steps might be taken in order to broaden its use.



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Hyperion's Survey Program helps us contribute broad and on-going empirical data and analysis to legal operations managers and decision makers about the current trends, activities and best practices your peers are most concerned with.

Your participation will also directly support local charities and organizations benefiting youth and education.

Donate-for-dataFor every survey completion we receive, Hyperion will donate $10 to the Magic Horse Therapeutic Riding Center.


We will be accepting responses through July 30, 2015. Results will be published in August, and all survey participants will be provided a copy of the analysis free of charge.

As a peer survey, we encourage you to participate and please feel free to forward the survey link to your colleagues! This is a complimentary survey, and all responses are anonymous and strictly confidential.


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