I have filed a US provisional patent application. Can I label my products sold in Singapore, Germany, Australia, China and Hong Kong with "patent pending"? are there legislations in these countries restricting the use of "patent pending"?
I will limit myself to the English-speaking jurisdictions, which happen to have adopted UK patents acts from various points in time, and which are therefore very similar.
I would assume that Germany and China have equivalent provisions, though I do not provide any evidence to this.
You could not use "patent pending" in Australia on the basis of a US provisional.
The Patents Act 1990 (AU) s 178 provides:
(2) A person must not falsely represent that an article sold by him or her is patented in Australia, or is the subject of an application for a patent in Australia.
(3) Without limiting subsection (2): …
(b) a person is to be taken to represent that an article is the subject of an application for a patent in Australia if the words "patent applied for" or "patent pending", or any other word or words implying that an application for a patent for the article has been made in Australia, are stamped, engraved or impressed on, or otherwise applied to, the article.
You could not use "patent pending" in Singapore on the basis of a US provisional.
(1) If a person represents that a patent has been applied for in respect of any article disposed of for value by him and —
(a) no such application has been made; …
he shall, subject to this section, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
You could not use "patent pending" in Hong Kong on the basis of a US provisional.
(1) Subject to this section, a person who represents that a patent has been applied for in respect of any article disposed of for value by him when in fact—
(a) no such application for a patent has been made; …
commits an offence and is liable on summary conviction to a fine at level 3.
(3) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the words “patent applied for” or “patent pending” or “已申請專利” or “專利申請待決”, or anything expressing or implying that an application has been made for a patent in respect of the article, shall be taken to represent that an application for such a patent has been made.