Depending on the specific circumstances, counterfeit patented products do not necessarily infringe patent rights. If someone else's patent number is marked on the product, it will infringe the patent right. If it is marked with a self-made number, there is no infringing subject and it does not constitute patent infringement.
Legal objectivity:
Measures for the Administrative Enforcement of Patents (Revised on 20 15) Article 45 If the administrative department for patent affairs finds that the act of counterfeiting patents is established, it shall order the actor to take the following corrective measures: (1) Mark the patent mark on the product or its packaging that has not been granted the patent right, and if the patent right is declared invalid or terminated, continue to mark the patent mark on the product or its packaging, or mark the patent number of others on the product or its packaging without permission, immediately stop the marking and eliminate it. If the patent mark on the product is difficult to eliminate, the product or packaging shall be destroyed; (two) sales of products listed in item (a), immediately stop the sales behavior; (3) If a technology or design that has not been granted a patent right is called a patented technology or design, a patent application is called a patent, or another person's patent number is used without permission, so that the public will mistake the technology or design involved for another person's patented technology or design, immediately stop distributing the materials, destroy the materials that have not been distributed, and eliminate the influence; (4) Whoever forges or alters a patent certificate, patent document or patent application document shall immediately stop forging or altering, destroy the forged or altered patent certificate, patent document or patent application document, and eliminate the influence; (5) Ordering exhibitors with counterfeit patents to take measures such as withdrawing the counterfeit patent exhibits from the exhibition, destroying or sealing up the corresponding publicity materials, replacing or covering the corresponding exhibition boards; (six) other necessary rectification measures. Where the patent administrative department finds that the counterfeiting of patents on the e-commerce platform is established, it shall notify the e-commerce platform provider to take timely measures such as deleting, blocking or disconnecting the related webpages of counterfeit patented products.