Article 17 of the Patent Law stipulates:
The inventor or designer has the right to indicate that he or she is the inventor or designer in the patent document.
The patentee has the right to display the patent logo on its patented product or the packaging of the product.
Web link for Patent Marking Methods
Article 1: In order to standardize the marking method of patent marks and maintain the normal market economic order, in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law) and the "Implementing Rules for the Patent Law of the People's Republic of China", these Measures are formulated.
Article 2 If a patent logo is marked, it shall be marked in accordance with these Measures.
Article 3: The department managing patent work is responsible for supervising and managing the marking of patent marks within its own administrative region.
Article 4 During the validity period of the patent right after the patent right is granted, the patentee or the licensee who enjoys the right to mark the patent mark with the consent of the patentee may directly obtain the patented product or method according to the patented method. Mark the patent logo on the product, the product's packaging or the product's instructions and other materials.
Article 5 If a patent mark is marked, the following content shall be marked:
(1) Use Chinese to indicate the category of patent rights, such as Chinese invention patent, Chinese utility model patent, Chinese Design patent;
(2) Patent number granted by the State Intellectual Property Office.
In addition to the above content, other text and graphic marks can be attached, but the additional text, graphic marks and their marking methods must not mislead the public.
Article 6 If a patent logo is placed on a product directly obtained according to a patented method, the packaging of the product, or the instruction manual of the product, the Chinese language shall be used to indicate that the product is a product obtained according to the patented method. .
Article 7 Before the patent right is granted, if the product, the product’s packaging or the product’s instructions and other materials are marked, the category of the Chinese patent application, the patent application number, and the Chinese patent application number shall be marked in Chinese. "Patent application, not yet authorized" words.
Article 8 If the marking of a patent logo does not comply with the provisions of Article 5, Article 6 or Article 7 of these Measures, the department in charge of patent work shall order it to make corrections.
If the patent mark is improperly marked and constitutes counterfeiting of a patent, the department managing patent affairs shall impose penalties in accordance with the provisions of Article 63 of the Patent Law.
Article 9 The State Intellectual Property Office is responsible for the interpretation of these Measures.
Article 10: These Measures shall come into effect on May 1, 2012. The "Regulations on the Marking Methods of Patent Marks and Patent Numbers" issued by the State Intellectual Property Office on May 30, 2003, Order No. 29, are repealed at the same time.
Article 63 of the Patent Law stipulates:
Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections and made public by the department in charge of patent affairs, and the illegal gains shall be confiscated. A fine of not more than four times the illegal income may be imposed; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.