It has been deemed withdrawn and has no rights. Therefore, if a product is marked as patented, it violates the following provisions of the Implementing Regulations of the Patent Law.
Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Products or their packaging that have not been granted patent rights mark the patent mark on the product, continue to mark the patent mark on the product or its packaging after the patent right has been declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;
(2) ) sell the products mentioned in item (1);
(3) In product instructions and other materials, the technology or design that has not been granted patent rights is called patented technology or patented design, and the patent application is called Patents, or the unauthorized use of patent numbers of others, causing the public to mistake the technology or designs involved as patented technologies or designs;
(4) Forging or altering patent certificates, patent documents, or Patent application documents;
(5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.
If a patented product, a product obtained directly by a patented method, or its packaging is marked with a patent logo in accordance with the law before the patent right expires, and if the product is promised or sold after the patent right is terminated, it does not constitute patent counterfeiting.
Anyone who sells products that are not known to be counterfeit patented products and can prove the legal origin of the product will be ordered to stop selling by the patent management department, but will be exempted from fines.