If the filing date is within the past year, the use of the patent may be infringing, because the patent applicant in the United States can apply for the patent in China within one year, and the patent may be authorized in China to label its own products in China, which constitutes a counterfeit patent. If it is advertised as a US patent, it violates Article 1 1 of the Advertising Law. If the filing date is outside the past year, and there is no corresponding application in China, the use of the patent is not infringing, because the time limit for claiming patent priority in China has passed, but the product is marked with a patent in China, which constitutes a counterfeit patent. If it is publicized as an American patent, it violates Article 1 1 of the Advertising Law.
The Patent Office added the clause of "falsely marking foreign patent marks" in the draft Provisions on Marking Methods of Patent Marks (20 1 1 (draft for comment). Article 9 Anyone who counterfeits a foreign patent mark constitutes a patent counterfeiting act and shall be punished by the administrative department for patent affairs in accordance with the provisions of Article 63 of the Patent Law. Where a foreign patent mark is marked on a product, product package or product specification, the patent administration department may require the actor to provide proof of the validity of his foreign patent right within a specified time limit. If it fails to provide it at the expiration of the time limit, the administrative department for patent affairs shall punish it in accordance with the provisions of Article 63 of the Patent Law.