An inventor or designer has the right to state clearly in the patent document that he is an inventor or designer.
The patentee has the right to indicate the patent mark on his patented product or the packaging of the product.
Marking Method of Patent Marks —— Web Links
Article 1 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) in order to standardize the marking methods of patent marks and maintain the normal market economic order.
Article 2 Where a patent mark is marked, it shall be marked in accordance with these Measures.
Article 3 The department in charge of patent work shall be responsible for the supervision and administration of patent marking within its administrative area.
Article 4 During the validity period of the patent right after the patent right is granted, 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 his 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) Patent number granted by China National Intellectual Property Administration.
In addition to the above contents, other words and graphic signs may be attached, but the attached words and graphic signs and their labeling methods shall not mislead the public.
Article 6 Where a patent mark is marked on a product, product package or product instruction manual directly obtained by a patent method, it shall be indicated in Chinese that the product was obtained by a patent method.
Article 7 Where the patent right is marked on the product, product packaging or product instruction before being granted, the category and patent application number of the patent application in China shall be marked in Chinese, and the words "Patent application, unauthorized" shall be marked.
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 improper marking 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 shall be responsible for the interpretation of these Measures.
Article 10 These Measures shall come into force as of May, 2065438 1 day. On May 30, 2003, China National Intellectual Property Administration issued Decree No.29, and the Provisions on the Method of Marking Patent Marks and Patent Numbers were abolished at the same time.
Article 63 of the Patent Law stipulates:
Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.