The act of counterfeiting another person's patent shall meet the following conditions:
1, there must be counterfeiting;
2. The counterfeit must be the patent that others have obtained and actually exist;
The act of counterfeiting other people's patents should be intentional.
Acts of counterfeiting other people's patents include the following:
1, and mark the patent number of others on the products manufactured or sold by it and the product packaging;
2. Using other people's patent numbers in advertisements or other claims makes people mistake the designed technology for other people's patented technology;
3. Use the patent number of others in the contract, which makes people mistake the technology designed in the contract for the patented technology of others;
4. Forging or altering other people's patent certificates, patent documents or patent application documents.
Article 9 of the Patent Law of People's Republic of China (PRC). Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
Article 10 The right to apply for a patent and the patent right may be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
Article 18 Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China who apply for patents and handle other patent affairs in China shall entrust a legally established patent agency to handle them.
Units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them.
Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council.