The patent number is the number given when the patent right is granted, and it is a submission number. The submission number is the serial number compiled by each industrial property office when publishing patent documents (including public publication and reading and copying only).
1 Before the termination of the patent right, it is not an act of counterfeiting a patent to mark the patented product, the product directly obtained by the patented method or its packaging, and promise that the product will be sold after the termination of the patent right.
2, after the termination of the patent right, continue to mark the invalid invention patent number on the product packaging, product manuals and other items produced by it, which belongs to the patent counterfeiting act stipulated in the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).
3, the sale of products that are not known to be counterfeit patents, and can prove the legal source of the products, shall be ordered by the patent administration department to stop selling, but shall be exempted from the penalty of fine.
legal ground
1. Article 84 Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) 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 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.
2. According to Article 63 of the Patent Law of People's Republic of China (PRC), in addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate the illegal income, and may impose a fine of less than four times the illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.