It should be a violation of patent law
The inventor or designer has the right to state that he is the inventor or designer in the patent document. The patentee has the right to display the patent logo on its patented products or the packaging of the products. If, in violation of the provisions of this Law, a false advertisement is published to deceive or mislead consumers, causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law; the advertising operator or advertising publisher knew or should have known If an advertisement is falsely designed, produced, or published, it shall bear joint and several liability in accordance with the law.
1. Responsibilities for counterfeiting patents
Those who counterfeit patents, in addition to bearing civil liability in accordance with the law, will be ordered to make corrections and made public by the patent management department, and the illegal gains will be confiscated. A fine of not more than four times of the illegal income shall also be imposed; if there is no illegal income, 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.
2. The difference between patent application number and patent number
Article 15 of the "Patent Law" stipulates that the patentee has the right to indicate on its patented product or the packaging of the product Patent mark and patent number. It should be pointed out that according to the provisions of this article, after a patent application is filed but before authorization, since the patent right has not yet been obtained, the applicant shall not mark the application number as a patent number on its products or packaging. At the same time, Article 11 of my country’s Advertising Law stipulates that if an advertisement involves a patented product or patented method, the patent number and patent type must be indicated. Those who have not obtained patent rights shall not falsely claim to have obtained patent rights in advertisements. It is prohibited to advertise using patent applications that have not been granted patent rights and patents that have been terminated, revoked, or invalidated. Article 6 stipulates that the industrial and commercial administrative departments of the people's governments at or above the county level are the advertising supervision and management agencies.
When the patent management department investigates and handles suspected patent counterfeiting based on the evidence that has been obtained, it can question the relevant parties and investigate the situation related to the suspected illegal acts; carry out on-site inspections at the places where the parties are suspected of illegal acts. Inspect; review and copy contracts, invoices, account books and other relevant materials related to suspected illegal activities; inspect products related to suspected illegal activities, and seal or detain products with evidence that they are counterfeit patented products. When the patent management department exercises its powers as specified in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.