What does the statute say?
Section 287(a) permits notice through patent marking, including qualifying virtual marking. If the relevant articles are not properly marked, the statute limits damages to infringement after actual notice and continued infringement. Filing an infringement action constitutes notice. First determine whether the asserted claims and articles make this provision applicable.
Why check licensees?
The statute addresses patented articles sold by the patentee or persons acting for or under it. Lubby Holdings v. Chung explains the patentee's burden to plead and prove compliance and discusses authorized-licensee products. An owner's statement that it makes nothing does not finish the inquiry when licensed articles exist.
What records should be collected?
Collect product-to-patent marking records, relevant licenses, sales periods, and notice communications. Actual notice must identify the patent and the activity believed to infringe, with a proposal to stop it through licensing or otherwise. A patent's issue date or the recipient's awareness of the patent is not a substitute.