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ORDINANCE OF THE STATE INTELLECTUAL PROPERTY OFFICE


No. 63

The Measures for the Labeling of Patent Marks, as deliberated and adopted at the executive meeting of the State Intellectual Property Office of People's Republic of China, are hereby issued and shall come into force on May 1, 2012.

                                                                   Director: Lipu TIAN
                                                                        March 8, 2012

Measures for the Labeling of Patent Marks

Article 1 These Measures are formulated in accordance with the provisions of the Patent Law of the People's Republic of China and Implementing Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the 'Patent Law') for the purposes of standardizing the method to label patent marks and maintaining the normal market economic order.

Article 2 Labeling of patent marks shall be in compliance with the provisions of these Measures.

Article 3 The departments in charge of patent affairs shall be responsible for the supervision and management of acts of labeling patent marks within their respective administrative areas.

Article 4 Within the validity term of a granted patent right, the patentee or the licensee entitled to the right to label patent mark subject to the consent of the patentee, may label the patent mark on the patented product, on the product directly acquired through a patented process, or on the packaging, the specification or other materials of such product.

Article 5 To label patent marks, the following contents shall be specified:
1. Chinese words shall be used to indicate the type of patent right, for example, Chinese Invention Patent, Chinese Utility Model Patent, or Chinese Design Patent; and
2. The patent number for the patent right as granted by State Intellectual Property Office of People's Republic of China.
In addition to the aforesaid contents, other words or graphs may also be labeled, provided that the words or graphs and the methods of labeling shall not mislead the public.

Article 6 To label patent mark on the product directly acquired through a patented process or on the package, the specification or other materials of such product, Chinese words shall be used to state that the said product is acquired through the patented process.

Article 7 In the labeling of patent mark on the product or on the package, the specification or other materials of such product before the corresponding patent right is granted, Chinese words shall be used to state the type of the Chinese patent application, the patent application number as well as words of 'applied patent, not granted yet'.

Article 8 Where the labeling of any patent mark does not comply with Article 5, Article 6 and Article 7 of these Measures, the relevant department in charge of patent affairs shall order him to make correction.
In case of any improper labeling of patent marks which constitutes an act of counterfeiting patents, the department in charge of patent affairs shall impose penalties in accordance with the provisions of Article 63 of the Patent Law.

Article 9 The power to interpret these Measures shall remain with the State Intellectual Property Office of People's Republic of China.

Article 10 These Measures shall come into force on May 1, 2012. The Provisions on the Methods for Marking Patent Marks and Patent Numbers, (Ordinance of the State Intellectual Property Office No. 29) as promulgated on May 30, 2003, shall be abolished simultaneously.

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