Can the product package be marked with patent application information?
No, patented inventions and utility models require novelty, creativity and practicality; The design granted the patent right requires novelty. A product nominally uses patented technology or design, which can attract consumers' attention because ordinary consumers will think that the product is innovative. However, whether a patent application can obtain a patent right is unknown and uncertain. Ordinary consumers may be confused between "patent" and "patent application", and even mistakenly think that the technology or design with the patent application number is innovative or has been initially recognized by the patent management authority. In order to avoid misleading consumers, the third paragraph of Article 11 of the Advertising Law prohibits the use of patent applications that have not been granted patent rights for advertising. As mentioned above, marking patent application information on product packaging and product specifications should be considered as using patent application information in commercial advertisements, which violates the provisions of the third paragraph of Article 11 of the Advertising Law and belongs to illegal advertisements.