Measures of China National Intellectual Property Administration Municipality on Marking Patent Identification

the first　In order to standardize the marking methods of patent marks and maintain the normal market economic order, these Measures are formulated in accordance with the relevant provisions of the Patent Law of People’s Republic of China (PRC) (hereinafter referred to as the Patent Law) and the Detailed Rules for the Implementation of the Patent Law of People’s Republic of China (PRC).

the second　Where a patent mark is marked, it shall be marked in accordance with these Measures.

Article　The department in charge of patent work shall be responsible for the supervision and management of the act of marking patent marks within its administrative area.

Article 4　During the validity period of the patent right after the grant of the patent right, the patentee or the licensee who has the right to mark the patent mark with the consent of the patentee may mark the patent mark on the patented product, the product directly obtained according to the patented method, the packaging of the product or the instruction manual of the product.

Article 5　Where a patent mark is marked, the following contents shall be marked:

(a) indicate the categories of patent rights in Chinese, such as China invention patent, China utility model patent and China design patent;

(2) The patent number granted by China National Intellectual Property Administration.

In addition to the above contents, other words and graphic marks may be attached, but the attached words and graphic marks and their marking methods shall not mislead the public.

Article 6　Where the patent mark is marked on the product directly obtained by the patented method, the packaging of the product or the instruction manual of the product, it shall be indicated in Chinese that the product is obtained by the patented method.

Article 7　Where the patent right is marked on the product, the packaging of the product or the manual of the product before it is granted, the category and patent application number of the patent application in China shall be marked in Chinese, and it shall be marked.The words "patent application, not authorized".

Article 8　Where the marking of patent marks does not conform to the provisions of Article 5, Article 6 or Article 7 of these Measures, the administrative department for patent affairs shall order it to make corrections.

Where the improper labeling of patent marks constitutes counterfeiting, the administrative department for patent affairs shall punish it in accordance with the provisions of Article 63 of the Patent Law.

Article 9　China National Intellectual Property Administration is responsible for the interpretation of these measures.

　Article 10　These Measures shall come into force as of May 1, 2012. On May 30, 2003, China National Intellectual Property Administration Decree No.29 issued the Provisions on the Marking Methods of Patent Marks and Patent Numbers, which shall be abolished at the same time.