The Federalist Society

Qui-tam-osaurus, the Statutory Dinosaur: Evolution or Extinction for the Qui Tam Patent False Marking Statute?

November 16, 2009

Trevor K. Copeland, Laura A. Lydigsen

Get rich quick! Sue for fun and profit! Sound like a hoax? Only time will tell. Several enterprising attorneys and other private parties are giving it a try by exploiting an arcane provision of the Patent Act known as the false marking statute. In this article, we briefly examine the history of the false marking statute and qui tam laws, the recent explosion in false marking actions (including several suits based on marking with expired patent numbers), and some constitutional problems posed by these actions...

Qui-tam-osaurus, the Statutory Dinosaur: Evolution or Extinction for the Qui Tam Patent False Marking Statute?  


The Federalist Society