Article 63 of the Patent Law
Article 63 Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than four times his 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.
Rule 84 of the Implementing Rules 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 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.