The owner of a patent must mark the patented articles plainly with the word "patented, " or similar word, together with the date of the patent, or otherwise give sufficient notice to the public that the device is patented. The failure to so mark will prevent the recovery of damages for infringe-ment occurring prior to actual notice of the patent to the infringer.

No person should mark an unpatented article with the word " patent " or other designation which would lead the public to believe that the article is patented. For each such false marking, with intent to deceive the public, the marker is liable to a penalty of $100. While the application is still pending the manufactured article can be marked "patent pending" or " patent applied for." This will warn the public, and in most cases will prevent infringement.

Caveat

There is a common misapprehension that a caveat is a short-term patent. On the contrary, it is a mere notice to the Patent Office that the party has made an invention and wishes further time to mature the same. It continues in force for one year and it may be renewed from year to year by the payment of the required government fee. If during the term of the caveat, or any renewal thereof, another person files an application for patent for the invention shown in the caveat, the caveator will be notified thereof and will be required to file his application within three months from the time of receiving the notice. The two applications will then be put in interference and testimony will be taken to prove who was the first inventor and the patent will be granted to such party.

A caveat is not a patent at all, nor even an application for a patent, nor can it by any possibility mature into an application. No one can be sued for infringement under a caveat. It is a mere notice to the Patent Office, and if the caveator wishes afterwards to obtain a patent he must file a regular application in the usual way.