Marking the patent application number as a patent number on a product without authorization violates the following provisions of the Patent Law and Implementing Regulations.
Article 63 of the Patent Law
Article 63 Whoever counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections by the department in charge of patent affairs, make an announcement, and confiscate If there are illegal gains, a fine of not more than four times the illegal gains may be imposed; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 84 of the Implementing Rules of the Patent Law
Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking patent logos on products or their packaging that have not been granted patent rights, continuing to mark products or their packaging with patent logos after the patent rights have been declared invalid or terminated, or marking products or product packaging without permission Mark the patent number of another person on the product;
(2) Selling the product mentioned in item (1);
(3) Including the patent number that has not been granted in the product manual and other materials Technology or design is called patented technology or patented design, patent application is called patent, or someone else's patent number is used without permission, causing the public to mistake the technology or design involved as patented technology or patented design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(5) Other things that confuse the public and mistake unpatented technology or designs for patented technology Or the behavior of a patented design.
If a patented product, a product directly obtained by a patented method, or its packaging is marked with a patent logo in accordance with the law before the patent right expires, and if the product is promised or sold after the patent right is terminated, it does not constitute patent counterfeiting.