1. How to identify counterfeit patents
1. Manufacturing or selling products marked with Non-patented products with patent marks; after the patent right is declared invalid, continuing to mark the products manufactured or sold with patent marks; after the expiration or termination of the patent right, continuing to manufacture or sell products marked with patent marks; these are the first three The actors mentioned in the item print or provide patent marks; refer to non-patented technology as patented technology in advertisements or other promotional materials; refer to non-patented technology as patented technology in contracts; forge or alter patent certificates or patent documents or patent application documents; other behaviors that pass off non-patented products as patented products or non-patented methods as patented methods.
2. Legal basis: "Patent Law of the People's Republic of China"Article 35,Within three years from the filing date of an invention patent application, the patent administration department of the State Council may, based on the applicant’s A request made at any time to conduct substantive examination of its application;The applicant is not justified If there is no reason to request substantive examination within the time limit, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
2. What are the legal consequences of counterfeiting other people’s patents
Whoever counterfeits other people's patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. The unit shall be fined, and the person directly in charge and other directly responsible persons shall be fined in accordance with this section Penalties stipulated in each article. The perpetrators of counterfeiting other people's patents specifically refer to the behavior of manufacturing, using and selling patented products, stealing patented methods and passing off other people's patented products for the purpose of profit without the permission of the patentee. It should be noted that here The "patent" must be within the protection period of the patent right. Those that exceed the patent protection period are not protected by law.
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