Market Supervision Bureau investigates patent expiration fines

Hello, the standards for industrial and commercial fines for expired patents are: If the patent has expired and you still mark the expired patent number on newly produced products or packaging, it constitutes patent counterfeiting and the illegal gains will be confiscated. , a fine of not more than five times; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If the patent marked on the product has expired, it is necessary to distinguish between the production date and the patent expiration date, which comes first and which comes later. If the patent has been produced within the validity period and continues to be sold after it expires, it does not constitute patent counterfeiting, and naturally there will be no fines. 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 a product that is not known to be a counterfeit patented product and can prove that the product is of legal origin will be ordered to stop selling it by the patent management department, but will be exempted from fines. Those who infringe on the patent rights of others generally bear the following three responsibilities: