An inventor or designer has the right to state clearly in the patent document that he is an inventor or designer. The patentee has the right to indicate the patent mark on his patented product or the packaging of the product. Advertisers who, in violation of the provisions of this law, publish false advertisements to deceive and mislead consumers and damage the legitimate rights and interests of consumers who purchase goods or receive services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law.
First, the responsibility of counterfeiting patents.
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 an announcement, confiscate his illegal income and may 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.
Second, the difference between patent application number and patent number
Article 15 of the Patent Law stipulates that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product. It should be pointed out that according to the provisions of this article, after filing a patent application and before authorization, the applicant shall not mark the application number as the patent number on his product or packaging because he has not obtained the patent right. At the same time, Article 11 of China's Advertising Law stipulates that if an advertisement involves a patented product or patented method, it shall indicate the patent number and patent type. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising. Article 6 stipulates that the administrative department for industry and commerce of the people's government at or above the county level is the advertising supervision and management organ.
The administrative department for patent affairs may, when investigating and dealing with suspected patent counterfeiting according to the evidence obtained, require 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.