Second, A+B+C+D products constitute infringement;
Third, counterfeiting patents is illegal;
Fourthly, it is suggested that if you want to mark the patent number, you can apply for A+B+D patent (utility models can generally be authorized).
Attached are some regulations on counterfeiting patents:
False behavior
Acts of counterfeiting other people's patents include the following:
1, and mark the patent number of others on the packaging of products manufactured or sold by it;
2. Using other people's patent numbers in advertisements or other claims makes people mistake the designed technology for his patented technology;
3. Use the patent number of others in the contract, which makes people mistake the technology designed in the contract for his patented technology;
4. Forge or alter other people's patent certificates, patent documents and patent application documents.
titular
Conditions for counterfeiting other people's patents:
(1) There must be counterfeiting;
(2) The counterfeit must be the patent that others have obtained and actually exist;
(3) The act of counterfeiting others' patents is intentional.
Relevant laws and regulations
patent law
Article 63 Anyone who counterfeits a patent shall, in addition to bearing civil liability according to law, be handed over to the administrative department for correction and announcement, and his illegal income shall be confiscated and a fine of less than four times his illegal income shall be imposed; There is no illegal income, a fine of 200 thousand yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 64 When the administrative department for patent affairs investigates and deals with the suspected patent counterfeiting according to the obtained evidence, it may request the relevant parties to investigate the situation related to the suspected illegal act; On-site inspection of the places where the parties are suspected of illegal acts; Consult and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; Inspect products related to suspected illegal acts, and seal up or detain products that are proved to be counterfeit patents.
When the patent administration department exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Detailed rules for the implementation of patent law
Article 80 The patent administration department of the State Council shall guide the patent administration department to handle patent infringement disputes, investigate and deal with patent counterfeiting and mediate patent disputes.
Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking the patent mark on the product packaging that has not been granted the 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 product 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 design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(five) other acts of confusing people and mistaking 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 patented product, the product directly obtained according to the patented method or its packaging is marked with a patent mark, and after the termination of the patent right, it is not an act of counterfeiting a patent.
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 it shall be exempted from the penalty of fine.
criminal law
Article 216 Whoever commits the crime of counterfeiting 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 shall only, be fined.