According to Article 63 of the Patent Law and Article 84 of the Detailed Rules for the Implementation of the Patent Law, there are the following cases of counterfeiting patents:
(1) Using a nonexistent patent number;
(two) the use of expired patent number;
(three) the use of invalid patent number;
(4) Marking the patent application number as the patent number;
(five) the use of the patent number of others;
(6) Forging or altering patent certificates, patent documents or patent application documents.
The above-mentioned acts of counterfeiting patents include the act of marking patent numbers on products, product packaging, publicity materials and product manuals. And only the first article (5)
Using another person's patent number to impersonate another person's patent, if the circumstances are serious, constitutes a crime.
According to the provisions of the judicial interpretation, serious circumstances refer to:
(a) the amount of illegal income is more than 654.38 million yuan;
(two) the amount of direct economic losses caused to the patentee is more than 500 thousand yuan;
(three) although it does not meet the above-mentioned amount standard, it has passed the administrative punishment for more than two times, and it has also passed the patent of others;
(4) Causing adverse effects to others.
Legal basis: Article 216 of the Criminal Law of People's Republic of China (PRC). If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
Article 84 of the Detailed Rules for the Implementation of the Patent Law 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.