Patented Labels Options

Original Language Title: 专利标识标注办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369600.shtml

Patented labels options

    (March 8, 2012, State intellectual property Office of the 63rd release as of May 1, 2012) first in order to regulate the patent identification of marking methods, maintaining the normal order of the market economy, according to the People's Republic of China patent law (hereinafter referred to as patent laws) and the People's Republic of China patent law, relevant provisions of the implementing rules, these measures are formulated.

    Second marked patented identification shall be marked according to these measures.

    Article III administrative authorities for patent Affairs responsible for dimensioning patents identified in the administrative area of regulatory acts.

    Article fourth during the term of the patent after the patent right shall be granted by the patentee or with the consent of the patentee patent licensee of labels right in the patented product, patented process, direct access to the product, the product's packaging or the product brochures and other material marked on patent marking.

Article fifth marked patent identification shall be marked with the following:

(A) marked in Chinese patent category, such as a Chinese invention patents, utility patents, design patents in China, China;

(B) the State intellectual property office patent number of the grant of the patent right.

    Apart from the above, you can attach additional text, graphics tags, but additional text, graphics tags and marking shall not mislead the public.

    Sixth in the patented process, direct access to the product, the product's packaging or the product brochures and other material marked on the patent identified, should indicate that the product obtained by the patented process in Chinese products.

    Article seventh before the grant of the patent right in the product, the product's packaging or the product brochures and other material on the label, category, should be marked in Chinese patent applications patent application number and marked "patent pending, is not authorized".

Article eighth patent identification label does not meet the article fifth, sixth or seventh article, be ordered by the administrative authority for patent Affairs to correct it.

    Patented labels incorrectly, constitute an act of passing off the patent, by the administrative authority for patent Affairs in accordance with the 63rd of the patent law of punishment.

    Nineth this approach by the State intellectual property office is responsible for the interpretation. Tenth article of the rules take effect on May 1, 2012. Orders issued by the 29th of the May 30, 2003 the State intellectual property office patent marks and patent number marking methods of regulations repealed simultaneously.