The act of counterfeiting others' patents should meet the following conditions:
1. There must be counterfeiting;
2. What is counterfeited must be the patent that others have already obtained and actually exists;
3. The act of counterfeiting other people's patents should be intentional.
The acts of counterfeiting other people's patents include the following:
1. Marking other people's patent numbers on the products manufactured or sold by them;
2. Using other people's patent numbers in advertisements or other claimed materials makes people mistake the designed technology for other people's patented technology;
3. Using the patent number of others in the contract makes people mistake the technology designed in the contract for the patented technology of others;
4. Forge or alter other people's patent certificates, patent documents or patent application documents.
article 9 of the patent law of the people's Republic of China * * * only one patent right can be granted for the same invention-creation. However, if the same applicant applies for both a patent for utility model and an invention patent for the same invention-creation on the same day, and the patent right for utility model obtained first has not been terminated, and the applicant renounces the patent right for utility model, the invention patent right may be granted.
if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who applied first.
article 1 the right to apply for a patent and the patent right may be assigned.
if a unit or individual in China transfers the patent application right or patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
to transfer the patent application right or patent right, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
article 18 if a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent and handles other patent affairs in China, it shall entrust a legally established patent agency to handle it.
if a unit or individual in China applies for a patent or handles other patent affairs in China, it may entrust a legally established patent agency to handle it.
A patent agency shall abide by laws and administrative regulations and handle patent applications or other patent affairs as entrusted by the principal; The content of the principal's invention and creation shall be kept confidential, except that the patent application has been published or announced. The specific measures for the administration of patent agencies shall be formulated by the State Council.