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	PROVISIONS OF THE METHODS FOR MARKING THE PATENT MARKS AND PATENT NUMBERS

	(Order of the Director of the State Intellectual Property Office (No.29), May 30, 2003: The Provisions on the Methods for Marking the Patent Marks and Patent Numbers are enacted in accordance with relevant provisions of the Patent Law of the People's Republic of China, and the Implementation Rules for the Patent Law of the People's Republic of China, and are hereby promulgated, which shall come into force as of July 1, 2003)


SUBJECT : PATENT; MARKS & NUMBERS
ISSUING DEPARTMENT : STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 05/30/2003
IMPLEMENT DATE : 07/01/2003
LENGTH : 449 words
TEXT :

Article 1. In order to standardize the methods for marking the patent marks and patent numbers, and to maintain the normal market economic order, these Provisions are enacted in accordance with Article 15 of the Patent Law and Article 83 of the Implementation Rules for the Patent Law.

Article 2. Marking of patent marks and patent numbers shall be governed by these Provisions.

Article 3. Within the validity of a patent right after such right is granted, the patentee and the party licensed to enjoy the right to mark the patent number and patent mark by way of contract for licensing the implementation of the patent with the consent of the patentee may mark the patent mark and patent number on the patented products, or the products obtained directly through the patented method, or the packaging of those products.

Article 4. The following contents shall be indicated in marking the patent mark and patent number:

(1) Marking in Chinese the category of the patent right, such as Chinese patent for invention, Chinese patent for utility model, and Chinese patent for design;

(2) Patent number of the patent right granted by the State Intellectual Property Office, among which, "ZL" stands for "patent", the first and second figures stand for the year in which the application for patent is filed, the third figure stands for the patent category, and the fourth figure and the figures thereafter are the serial number and computer check digits.

Apart from the aforesaid contents, the marking party may attach other character and image marks, however, the attached character and image marks and the marking methods thereof may not mislead the public.

Article 5. Where the patent mark and patent number are marked on any product obtained directly through the patented method or on the packaging thereof, it shall be indicated in Chinese that the product is obtained through the patented method.

Article 6. The departments in charge of patent work of the people's governments of the localities shall supervise and regulate the acts of marking patent marks and patent numbers within their respective administrative areas.

Article 7. Where any marking of patent mark or patent number is not in conformity with these Provisions, the department in charge of patent work may require correction of the marking within a prescribed time limit.

Where any marking of patent mark or patent number is improper or constitutes imitation of the patent, the department in charge of patent work shall punish the offender in accordance with Article 59 of the Patent Law.

Article 8. The power to interpret these Provisions shall remain with the State Intellectual Property Office.

Article 9. These Provisions shall come into force as of July 1, 2003.