Order of State Intellectual Property Office (No.63)
The "Patent Marking Regulations" has been deliberated and approved at the executive meeting of State Intellectual Property Office. It is hereby published and in force since May 1, 2012. Chief Lipu Tian March 8, 2012
Rule 1 In order to regulate the patent marking and protect the order of the market economy, according to the stipulations of Patent Law of the People’s Republic of China (hereinafter "Patent Law") and the Implemental Regulation of the Patent Law of the People’s Republic of China, the Regulations are made therefore.
Rule 2 Patent Marking shall be in accordance with the Regulations.
Rule 3 The patent administrative department is in charge of the supervision of the activities of patent marking in the respective administrative area.
Rule 4 Within the validity period of the patent right after grant, patent owner or the licensee approved by the patent owner to be entitled to make the patent marking may label the patent marking on the patent product, the product achieved directly through the patent method, the packing of the product or the instructions and other materials of the product.
Rule 5 In the patent marking, the following contents shall be indicated:
(1) The types of the patent right shall be indicated in Chinese, such as "中国发明专利" (Chinese Invention Patent), "中国实用新型专利" (Chinese Utility Model Patent), "中国外观设计专利" (Chinese Design Patent);
(2) The patent number which has been granted with patent right by State Intellectual Property Office.
Besides the above contents, characters and pictorial symbolizations may be added, but the added characters and pictorial symbolizations and the way to indicate them should not mislead the public.
Rule 6 In the patent marking on the product achieved directly through the patent method, the packing of the product or the instructions and other materials of the product, it should be indicated in Chinese that the mentioned product is made by the patent method.
Rule 7 In the marking on the product, the packing of the product or the instructions and other materials of the product before the patent right is granted, the type of the patent application and the application number shall be indicated in Chinese, and it shall be further marked that "patent application, not granted yet".
Rule 8 The patent marking which is not in accordance with Rule 5, Rule 6 or Rule 7, the patent administrative department shall issue an order for remedial actions. The inappropriate patent marking which constitutes acts of counterfeiting patent, the patent administrative department shall conduct the penalizations according to Article 63 of the Patent Law.
Rule 9 The State Intellectual Property Office is in charge of explanation about the Regulations.
Rule 10 The Regulations will be in force since May 1, 2012. The Regulations of Patent Marking and Label of Patent Number, which were issued as No.29 Order of State Intellectual Property Office on May 30, 2003 should be abrogated simultaneously.