Measures for the Marking of Patent Marks (Bureau Order No. 63)

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Release time:2016-07-19

The Measures for the Marking of Patent Marks, which have been deliberated and adopted at the executive meeting, are hereby promulgated and shall come into force on May 1, 2012.

Measures for Marking Patent Marks

Article 1 These Measures are formulated in accordance with the relevant provisions of the Patent Law of the the People's Republic of China of China (hereinafter referred to as the Patent Law) and the Implementing Rules of the Patent Law of the the People's Republic of China of China for the purpose of regulating the marking of patent marks and maintaining the normal order of the market economy.

Article 2 Where a patent mark is marked, it shall be marked in accordance with these Measures.

Article 3 The administrative department of patent work shall be responsible for the supervision and administration of the marking of 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 its patented product, the product directly obtained in accordance with the patented method, the packaging of the product or the specification of the product.

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

(I) the categories of patent rights indicated in Chinese, such as Chinese invention patents, Chinese utility model patents, and Chinese design patents;

(II) patent number granted by the State Intellectual Property Office.

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

Article 6 Where a patent mark is marked on materials such as a product directly obtained by a patented method, the packaging of the product, or the specification of the product, it shall be marked in Chinese that the product is a product obtained by the patented method.

Article 7 Where a patent right is marked on the product, the packaging of the product or the specification of the product before the grant of the patent right, the category and patent application number of the Chinese patent application shall be marked in Chinese, and the words "patent application, not yet authorized" shall be marked.
  
Article 8 If the marking of a patent mark does not comply with the provisions of Article 5, Article 6 or Article 7 of these Measures, the administrative department of patent work shall order it to make corrections.

If the patent mark is improperly marked, which constitutes an act of counterfeiting a patent, the department in charge of patent work shall impose penalties in accordance with the provisions of Article 63 of the Patent Law.

Article 9 The State Intellectual Property Office shall be responsible for the interpretation of these Measures.

Article 10 These Measures shall enter into force as of May 1, 2012. The Provisions on the Ways of Marking Patent Marks and Patent Numbers promulgated by Order No. 29 of the State Intellectual Property Office on May 30, 2003 shall be repealed simultaneously.