(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.
Second, whether counterfeit patented products constitute infringement.
Counterfeiting patented products does not necessarily infringe patent rights. If someone else's existing patent number is marked on the product, the patent right will be infringed; If it is marked with a self-made number, there is no infringing subject and it does not constitute patent infringement.
However, it should be noted that whether it constitutes patent infringement or not, the punishment of counterfeiting patents is much heavier than that of pure patent infringement. Because counterfeit patents are harmful to the public.
According to the current patent law, pure infringement of patent rights only requires civil liability, while counterfeiting patent requires not only civil liability, but also administrative liability and administrative punishment. If the circumstances of counterfeiting patents are serious, criminal responsibility shall be investigated according to law.