I have no right because I have not paid the annual fee. Therefore, if the product is marked as a patent, it violates the following provisions of the detailed rules for the implementation 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 a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
(2) selling the products mentioned in item (1);
(3) calling a technology or design that has not been granted a patent right a patented technology or a 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 for a patented technology or a patented design;
(4) forging or altering patent certificates, patent documents or patent application documents;
(5) other acts that confuse the public and mistake a technology or design that has not been granted a patent right for a patented technology or design.
before the termination of the patent right, the patent mark is marked on the patented product, the product directly obtained by the patented method or its packaging according to law, and the product is promised to be sold after the termination of the patent right, which does not belong to the act of counterfeiting patents.
if a product that is not known to be a counterfeit patent is sold, and the legal source of the product can be proved, the department in charge of patent affairs shall order it to stop selling, but the penalty of fine shall be exempted.