The Legislative Affairs Office of China’s State Council made public recently on its website the Regulations on Patent Marking Labeling (Draft) formulated by the State Intellectual Property Office to seek advice from various social sectors. The Draft made it clear that sanctions will be imposed for the labeling of “International Patent” on product, product package or stuff like product instructions in accordance with law.
The sanctioned patent marking labeling includes: false labeling of foreign patent marking; the continuous labeling of patent marking on product, product package or stuff like product instructions after patent is announced invalid or terminated, etc.
The Draft stipulated that when to label patent marking, the following contents should be included: Patent classification should be labeled in Chinese, for instance Chinese invention patent, Chinese utility model, Chinese design patent; Patent number granted by the State Intellectual Property Office. Other words and graphical indicators can be appended. But the appended words, graphical indicators and the labeling thereof should not mislead the public.