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Measures on Affixation of Patent Indications

State Intellectual Property Office Order 

No. 63

The “Measures on Affixation of Patent Indications”, which have been deliberated and adopted at the executive meeting, is hereby promulgated, and shall come into force from on May 01, 2012.
 

Director General: Lipu TIAN   

  March 08, 2012

 

 

 

       Article 1. In order to standardize affixation of patent indications and maintain normal order of market economy, the present measures are made in accordance with the Patent Law of the People’s Republic of China (hereinafter referred to as the Patent Law) and the Implementing Regulations of the Patent Law of the People’s Republic of China.
  Article 2. Where a patent indication is affixed, it shall be affixed according to the present measures.
  Article 3. The administrative authority for patent affairs shall supervise and administer behaviors of affixing patent indications within its administrative region.
  Article 4. Within the patent term counting from grant of a patent right, the patentee or licensee authorized by the patentee to enjoy the right of affixing patent indications may affix patent indications on a material including its patented product, a product directly obtained from the patented method, the package of the product or the specification of the product.
  Article 5. Where a patent indication is affixed, the following contents shall be indicated:
  (I) the category of the patent right in Chinese, such as Chinese patent for invention, Chinese patent for utility model, or Chinese patent for design;

(II) the patent number of the patent granted by the State Intellectual Property Office.
  Aside from said contents, literal and graphic indications may be added, but the additional literal and graphic indications as well as the way to indicate them shall not mislead the public.
  Article 6. Where a patent indication is affixed on a product directly obtained from a patented method, the package of the product or the specification of the product etc., it shall be indicated in Chinese that the product is a product obtained from the patented method.
  Article 7. Where affixation is made on a material including a product, the package of the product or the specification of the product before a patent right is granted, the category of the Chinese patent application and the patent application number shall be indicated in Chinese, with the characters “patent application, not granted yet”.
  Article 8. Where affixation of a patent indication is not in conformity with Article 5, 6 or 7 of the present measures, the administrative authority for patent affairs shall command a correction.
  Where the patent indication is improperly affixed and constitutes an act of passing off a patent, the administrative authority for patent affairs shall command a fine.
  Article 9. The State Intellectual Property Office shall be responsible for interpretation on the present measures.
  Article 10. The present measures shall enter into force from on May 01, 2012. The “Measures on Affixation of Patent Indications and Patent Numbers” promulgated in accordance with No. 29 of State Intellectual Property Office Order on May 30, 2003 shall be repealed at the same time.