What are the acts of counterfeiting patents in patent law?

According to the "Patent Law Implementing Rules", the acts of counterfeiting patents stipulated in the Patent Law include: marking patent logos on products that have not been granted patent rights or their packaging; forging or altering patent certificates, patent documents or patent application documents, etc. . Regarding the questions about counterfeiting patents in the patent law, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the acts of counterfeiting patents in patent law?

1. The acts of counterfeiting patents stipulated in the Patent Law include:

(1) Marking a patent logo on a product or its packaging that has not been granted a patent right, and the patent right is declared After invalidation or termination, continue to mark the patent logo on the product or its packaging, or mark the patent number of others on the product or product packaging without permission;

( 2) Selling the products mentioned in item (1);

(3) Referring to the technology or design that has not been granted patent rights in product manuals and other materials as Patented technology or patented design, calling a patent application a patent, or using someone else's patent number without permission, causing the public to mistake the technology or design involved as a patented technology or patented design.

(4) Forging or altering patent certificates, patent documents or patent application documents;

(5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.

2. Legal basis: Article 84 of the "Implementing Rules for the Patent Law of the People's Republic of China"

2. Identification of the crime of patent counterfeiting

1. A perpetrator who not only counterfeits the patents of others but also produces and sells fake and inferior goods patented by others is a crime of absorption. Because the production and sale of counterfeit goods that counterfeit other people's patents are an integral part of counterfeiting other people's patents, the former behavior is absorbed into the subsequent behavior, so the perpetrator's behavior is only determined to constitute the crime of patent counterfeiting, and he will be severely punished, rather than being treated as multiple crimes.

2. The perpetrator not only counterfeited other people's patents but also counterfeited other people's registered trademarks, which meets the requirements of two crimes and should be treated as two crimes and punished for several crimes.

3. The perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods should be convicted of several crimes. Counterfeiting other people's patents and registered trademarks is the premise, and producing or selling counterfeit goods is the result. The latter is absorbed by the former, but counterfeiting other people's patents and registered trademarks are two independent behaviors. Therefore, the perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods shall be punished for the crime of counterfeiting patents and counterfeiting registered trademarks of others.

According to the "Patent Law Implementing Rules", the acts of counterfeiting patents stipulated in the Patent Law include: marking products or their packaging that have not been granted patent rights. Patent marks; forging or altering patent certificates, patent documents or patent application documents, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.