Patent Marking Rights, also known as Patent Labeling Rights or Patent Indication Rights, are one of the exclusive rights of a patent holder. This right allows the patent holder to mark their patented product or its packaging with the patent marking and patent number, either by themselves or by requiring the licensee to do so.

Patent marking plays a crucial role in promoting the enterprise, gaining market credibility, and deterring infringement. While it is an exclusive right of the patent holder, it is not a legal obligation. The decision to exercise or waive this right is entirely at the discretion of the patent holder, as the law does not impose any mandatory requirements regarding its use.

I. Legal Basis for Patent Marking Rights

      Patent marking rights, also referred to as the right to use patent markings or patent annotation rights, are one of the rights enjoyed by a patent holder. The patent holder has the right to mark their patented products or their packaging with a patent marking and patent number, or require a licensee to do so. This serves a crucial role in promoting the enterprise, gaining market trust, and preventing infringement.

      Patent marking rights are a right, but not an obligation, of the patent holder. Whether to exercise or waive this right is entirely at the discretion of the patent holder, as the law does not impose any mandatory requirements in this regard.

     According to Article 15 of the Patent Law of the People's Republic of China, a patent holder has the right to mark their patented products or packaging with a patent marking and patent number. However, the specific content of the patent marking is not uniformly prescribed by Chinese patent law, allowing patent holders to design the marking based on their patented products. The patent number is assigned by the patent administration department upon patent application and remains unchanged throughout the validity period of the patent. The patent holder cannot alter this number.

II. Functions of Patent Marking Rights

1. Warning Effect

     Patent markings publicly declare that a product is patented and protected by national law. This serves as a warning that no one may copy or sell the product without authorization.

2. Differentiation Effect

     Patent markings help distinguish the patented product from similar products of other companies, preventing consumer confusion.

3. Advertising and Promotional Effect

     Displaying a patent marking or patent number enhances consumer confidence in the product’s quality, thereby increasing market share.

III. Requirements for Patent Marking

1. Content of the Marking

     If a patent marking is used, it must include the following:

· The patent type in Chinese, such as:

o China Invention Patent

o China Utility Model Patent

o China Design Patent

· The patent number as granted by the China National Intellectual Property Administration (CNIPA).

2. Method of Marking

      In addition to the required information, additional text or graphic symbols may be included. However, the additional content and its presentation must not mislead the public.

3. Scope of Marking

      During the valid patent term, the patent holder or any licensee authorized to use the patent marking may place the patent marking on:

· Patented products

· Products obtained directly by patented methods

· Product packaging

· Product manuals or related materials

IV. Legal Protection of Patent Marking Rights

1. Prohibition Against Misrepresenting Patent Status

       It is unlawful for any party to label a non-patented product or its packaging with a patent marking or patent number. Mislabeling a non-patented product as patented or claiming it was produced using a patented method constitutes misrepresentation of a patent.

       In accordance with Article 59 of the Patent Law, the patent administration department may impose penalties for such violations.

2. Prohibition Against Counterfeiting Patents

      If a party copies a patented product and affixes the original patent holder’s patent marking or patent number, this constitutes patent counterfeiting.

      Under Article 58 of the Patent Law, those engaged in patent counterfeiting face:

· Civil liability

· Administrative penalties

· Criminal liability, if the infringement is severe

      By enforcing these regulations, patent holders can safeguard their patent rights and ensure that patent markings serve their intended legal and commercial functions.