35 U.S.C. § 287 precludes recovery of damages for infringement prior to providing notice of infringement for unmarked products. The America Invents Act (AIA) amended Section 287(a) to recite that in addition to constructive notice via physically marking a product or its packaging with a patent number, notice may be virtual by “fixing thereon the word ‘patent’ or the abbreviation ‘pat.’ together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent.”
