The State Intellectual Property Office (SIPO) recently issued the Provisions for Patent Marking and Labeling (the "Provisions"), which is to become effective as of May 1, 2012. This new Provisions will replace the old Provisions for Patent Marking and Marking of Patent Numbers.
According to the Provisions, during the effective period of the patent right after grant, the holder of the patent right or the licensee who has the right to make a patent mark with the consent of the holder of the patent right may put the patent mark on its patented products, products directly obtained by the patented method, or package or user's manuals of such products.
The following items shall be specified when marking a patent:
1. types of patent rights in Chinese, for example, Chinese invention patents, Chinese utility patents and Chinese design patents;
2 the granted patent numbers of patent rights granted by the State Intellectual Property Office;
Where the patent is not yet granted, the marking should indicate in Chinese the types of patent application, the application number. Further the wording of Patent Application Pending should be clearly marked.
The Provisions provide that the patent administrative authorities can order rectification/correction if the marking of patent and patent numbers fails to comply with the Provisions. Further, improper use of patent markings that amounts to the passing off of patent rights is punishable under Article 63 of the Patent Law.