Marking a patent mark on a product or its packaging that has not been granted a patent right; Unauthorized use of another person's patent number, which causes the public to mistake the technology or design involved for patented technology or patented design, is regarded as infringement.
Legal objectivity:
Rational use of patent rights According to the provisions of Article 63 1 of China's Patent Law, under legal circumstances, the use of patented technology without the permission of the patentee and without paying royalties to the patentee does not constitute infringement of patent rights. The so-called "legal circumstances" include: 1, utilitarianism after exhaustion, promise to sell or sell. That is, after the patented product or the product directly obtained according to the patented method is sold, using, promising to sell or selling the product does not constitute patent infringement. 2. The manufacture and use of the first user. That is, before the patent application date, the same product has been manufactured, the same method has been used, or necessary preparations have been made for its manufacture and use, and it does not constitute an infringement of the patent right only within the original scope. 3. Use foreign temporary transit vehicles. That is, foreign means of transport that temporarily pass through China's land, territorial sea and airspace use the patents in their devices and equipment for their own needs according to international treaties or the principle of reciprocity, which does not constitute patent infringement. 4. For non-production and commercial purposes. Without the permission of the patentee, the use of patented technology for scientific research and experimental purposes, education, personal and other non-production and business purposes shall not be regarded as infringement. The use of other people's patented technology in scientific research, experiment and education mentioned here can only be a small-scale non-profit use. If a large number of teaching AIDS made by other people's patented technology are used in the whole education system, even if there is no profit, it is indirect profit, because the unit saves a lot of money to buy teaching AIDS, and the patentee loses this main consumer market and suffers economic losses. Therefore, this behavior does not belong to the scope of fair use.