What behaviors are counterfeit patents?
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. Before the termination of the patent right, the patented product, the product directly obtained according to the patented method or its packaging is marked with a patent mark, and after the termination of the patent right, it is not an act of counterfeiting a patent. If a product that is not known to be a counterfeit patent is sold, and the legal source of the product can be proved, the department in charge of patent affairs shall order it to stop selling, but it shall be exempted from the penalty of fine. Patent tort liability-patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing valid patents protected by law for the purpose of production and operation without the permission of the patentee. According to the relevant laws, the legal responsibilities of patent infringers include civil liability, administrative liability and criminal liability. The administrative responsibility of patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, make corrections within a time limit and impose fines. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. Civil liability 1, stopping the infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court. 2. compensate for the losses. The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. 3. Eliminate the impact. When the infringing act of the infringer causes damage to the goodwill of the patented product in the market, the infringer should take appropriate measures to bear the legal responsibility of eliminating the influence and admit his own infringing act in order to eliminate the adverse influence on the patented product. Criminal responsibility In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.