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Applied for a patent, not yet approved before the application number in the product packaging will be printed and publicized as a patent number, is not illegal? How will it be penalized?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
Article 17 of China's Patent Law provides: "The patentee shall have the right to mark his patented product or the packaging of such product with a patent mark." It should be noted that, in accordance with the provisions of this article, after the filing of a patent application and before its authorization, the applicant is not allowed to mark the application number as a patent number on its products or packages because it has not yet been granted the patent right. Meanwhile, Article 12 of China's Advertising Law stipulates that advertisements involving patented products or patented methods shall be labeled with the patent number and patent type. Those who have not obtained the patent right shall not falsely claim to have obtained the patent right in the advertisement. It is prohibited to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalidated in advertisements. Article 6 provides that the administration for industry and commerce of the people's governments at or above the county level shall be the supervisory and administrative organ for advertisements. Article 55 stipulates that if, in violation of the provisions of this Law, false advertisements are issued to deceive and mislead consumers, so that the lawful rights and interests of consumers who purchase goods or receive services are harmed, the advertiser shall bear civil liability in accordance with the law; and the advertisement operator or advertisement publisher shall bear joint and several liability in accordance with the law if the advertisement operator or advertisement publisher designs, produces or publishes the advertisement knowing or should know that the advertisement is false.
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