How to apply for a patent when a patented product is counterfeit?

Ways to protect the rights of patented products being counterfeited: In general, the parties concerned should collect relevant evidence to prove that the other party counterfeited the patent, and then complain to the patent administration department or bring a lawsuit directly to the court.

legal ground

Article 84 of the Patent Law of People's Republic of China (PRC)

The following acts belong to the act 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.