Patent mark right is also called patent mark use right and patent labeling right. Patent mark right is one of the rights of the patentee. The patentee has the right to himself or require the licensee to mark the patent mark and patent number on its patented product or the packaging of the product. This is meaningful for promoting enterprises, gaining trust in the market, and stopping infringement. The right to mark is a right, but not an obligation, of the patentee. Regarding this right, whether the patentee exercises or waives it entirely depends on the patentee's will, and the law does not make mandatory provisions.
According to Article 15 of the Patent Law, the patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product. As for the specific content of patent marks, there is no unified provision in my country’s Patent Law, and patentees can design their own patented products. The patent number is the patent number determined by the patent administration department when the patentee applies for a patent. This number remains consistent throughout the validity period of the patent right and cannot be changed by the patentee.
The purpose of patent marking rights is to increase the visibility of the invention and creation, improve the credibility of the product, and prevent the emergence of counterfeit products to a certain extent. Patent marks refer to words indicating that the relevant product enjoys patent protection, such as "Chinese Patent", "Chinese Invention Patent", etc. The patent number is the patent number given by the State Intellectual Property Office when granting patent rights.
The right to mark is the right of the patentee, so no one else is allowed to put patent marks or patent numbers on non-patented products or their packaging. If a patent mark is marked on a non-patented product or the product's packaging, or if the product is manufactured using a patented method, it is passing off the non-patented product as a patented product and the non-patented method as a patented method, which constitutes the act of passing off a patent. Management of patents The department may impose penalties in accordance with Article 59 of the Patent Law. If you copy the patentee's patented product and mark the patentee's patent mark or patent number on the copied product, it constitutes the act of counterfeiting other people's patents. According to the provisions of Article 58 of the Patent Law, not only must the patentee's patent mark or patent number be marked on the copied product, Bear civil liability, and be subject to administrative penalties, and in serious cases, criminal liability.
The role of patent marking rights
MarkingThe benefits of a patent number or patent mark are:
(1) Warning function: to declare to the outside world that one's products have obtained patent rights and are protected by national laws. Imitation and sales without authorization are allowed;
(2) Differentiation function: distinguish your own products from similar products of other companies to avoid confusion among consumers;
p>(3) Advertising function: By marking the patent mark or specifically recognizing that the product is superior to similar traditional products in terms of technical performance and usage functions, it can improve consumers' Trust in product quality, thereby expanding the product’s market share.
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