Yes, there were two terms before the new patent law: the act of counterfeiting someone else’s patent and the act of passing off a patent, which are now both called patent counterfeiting. The following are the specific behaviors of counterfeiting patents:
(1) Marking a patent logo on a product or its packaging that has not been granted a patent right, and continuing to use the product or its packaging after the patent right is declared invalid or terminated. Mark the patent logo on the packaging, or mark the patent number of another person on the product or product packaging without permission;
(2) Selling the products mentioned in item (1);
( 3) In product manuals and other materials, the technology or design that has not been granted patent rights is called patented technology or patented design, the patent application is called patent, or the patent number of others is used without permission, causing the public to misunderstand the technology involved. or the design is mistaken for patented technology or patented design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(5) Other matters that confuse the public, The act of mistaking unpatented technology or design for patented technology or patented design.
If a patented product, a product obtained directly by a patented method, or its packaging is marked with a patent logo in accordance with the law before the patent right expires, and if the product is promised or sold after the patent right is terminated, it does not constitute patent counterfeiting.