False patent marking is the act of falsely claiming a product or
process is patented. In China, false patent marking is on the rise,
so it is interesting that in June 2022, the Chinese Supreme
People's Court (SPC) heard an appeal case that shed light on
how damages should be determined in such cases. The outcome
highlights a differing approach to that for patent infringement
cases.
A brief summary of the case
A Chinese company, Jiaxing Jieshun Traveling Product Co., Ltd
(Jiaxing Jieshun) owned a utility model patent for a
"self-extruding plate pallet" (patent number
201420624020.1（the patent）). At first instance,
Jiaxing Jieshun alleged that an individual called Yao Kuijun (Yao)
was carrying out false patent marking by claiming he owned the
Patent on his e-platform and that the products he was selling were
protected by that patent when, in fact, Yao's product does not
use the patented technology.
