Q: Hi, is the "scratch off world map" patented?
A:
If the product has an issued patent, then the patent owners should mark the product with the patent number. If the product cannot be marked (for example contact lenses), then you mark the packaging that is delivered to the consumer. Failure to mark can lead to forfeiture of damages so there is a huge incentive to mark.
Patent Pending is often put on a product until it is patented but is not required.
You can do some searching to see if a patent has been issued on this idea or if there is a published version of a pending application. My slide set at http://bit.ly/Patent_Searching will help provide some tips.
NOTE -- some patent application are never published and the patent is later issued without advance warning. In fact, the default process waits until 18 months after the application was filed to publish it. So even with looking, you may not find a pending patent application and you may need to stop selling a product once a patent issues.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
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