The formula of the actual product is inconsistent with the patented formula. Can the patent number be marked on the package?

if the formula of the actually produced product is inconsistent with the formula in the patent application, the product package should not be marked with the patent number. This is because the patent right is granted based on the technical scheme of the applicant's invention or utility model, and the technical scheme in the patent right is consistent with the technical scheme in the patent application.

If the patent formula is modified, it means that the product no longer meets the protection scope of the patent right, so labeling the product packaging with the patent number may mislead consumers and cause unnecessary disputes. In addition, marking the patent number may also be considered as fraud, so it needs to be handled with caution.

if the applicant needs to modify the technical scheme in the patent application, he needs to apply to China National Intellectual Property Administration for modification while ensuring that the actual production is consistent with the patent formula, and the patent number can only be marked on the product packaging after the modification application is approved.