Measures for the Marking of Patent Marks

(Promulgated by the State Intellectual Property Office on March 8 2012 and effective as of May 1 2012.)

Order of SIPO No.63

Article 1: These Measures have been formulated pursuant to relevant provisions of the PRC Patent Law (中华人民共和国专利法)(the Patent Law) and the Implementing Regulations for the PRC Patent Law in order to regulate the method of marking of patent marks and safeguard the normal market economic order.

Article 2: The marking of patent marks shall be done in accordance herewith.

Article 3: Authorities responsible for the administration of patent work shall be responsible for overseeing the marking of patent marks in their administrative areas.

Article 4: A patentee or a licensee that the patent holder agrees has the right to mark patent marks may mark patent marks on its patented products, or the products directly derived from the patented method, and on materials such as the product's packaging or the instructions for the use of such product during the term of the patent following the grant thereof.

Article 5: When marking patent marks, the following information shall be indicated:

(1) the type of patent, in Chinese, e.g. a PRC invention patent, PRC utility model patent or PRC design patent; and

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

In addition to the foregoing information, other textual or graphical signs may be added, provided that such additional textual or graphical signs and the method of marking them do not mislead the public.

Article 6: If a patent mark is marked on a product directly derived from a patented method and on materials such as the product's packaging or the instructions for the use of such product, it shall be indicated in Chinese that the product was derived from the patented method.

Article 7: If marking is done on a product and on materials such as the packaging of the product or the instructions for use of the product before granting of a patent, the type of PRC patent applied for and the patent application number, as well as the words “patent pending” shall be indicated in Chinese.

Article 8: If the marking of patent marks does not comply with Article 5, 6 or 7 hereof, the department responsible for the administration of patent work shall order that the matter be rectified.

Where a patent mark is marked improperly and the same constitutes passing off of a patent, the department responsible for the administration of patent work shall impose penalties in accordance with Article 63 of the Patent Law.

Article 9: The State Intellectual Property Office is in charge of interpreting these Measures.

Article 10: These Measures shall be effective as of May 1 2012. The Provisions for the Method of Marking Patent Signs and Patent Numbers issued with Order of the State Intellectual Property Office No.29 on May 30 2003 shall be repealed simultaneously.