First, the scope of the articles is different.
(a) the act of counterfeiting another person's patent:
Article 84 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that the following acts are acts of counterfeiting other people's patents:
1. Without permission, mark the patent number of others on the products or product packages it manufactures and sells;
2. Using other people's patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved for other people's patented technology;
3, without permission, using the patent number of others in the contract, making people mistake the technology involved in the contract for the patented technology of others;
4. Forging or altering other people's patent certificates, patent documents or patent application documents.
(two) the act of counterfeiting patents
According to Article 59 of the Patent Law, the act of passing off a patent refers to the act of passing off a non-patented product as a patented product and passing off a non-patented method as a patented method.
The new Article 85 of the Detailed Rules for the Implementation of the Patent Law specifies five kinds of patent counterfeiting in detail, namely:
1, manufacturing or selling non-patented products marked with patent marks;
2. After the patent right is declared invalid, continue to mark the patent mark on the products manufactured or sold;
3. Non-patented technology is called patented technology in advertisements or other promotional materials;
4. Non-patented technology is called patented technology in the contract;
5. Forging or altering patent certificates, patent documents or patent application documents.
Second, the objects of infringement are different.
The act of impersonating a patent is "making something out of nothing" by impersonating a patent that does not actually exist, while the act of impersonating another person's patent is "confusing the real with the fake".
Third, there are differences in mutual transformation.
After the patent involved in the act of counterfeiting others' patents is declared invalid, the act is transformed into the act of counterfeiting patents; The invention patent number used in the act of counterfeiting patent is exactly the same as the patent number obtained by others in the future, which is transformed into the act of counterfeiting other people's patents.
Fourth, criminal responsibility is different.
Article 58 of the Patent Law of People's Republic of China (PRC): In addition to bearing civil liability according to law, the patent administration department shall order it to make corrections and make a public announcement, confiscate its illegal income, and may impose a fine of less than three times its illegal income. If there is no illegal income, a fine of not more than 50,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 59 Where a non-patented product is passed off as a patented product or a non-patented method is passed off as a patented method, the administrative department for patent affairs shall order it to make corrections and make a public announcement, and may impose a fine of less than 50,000 yuan.
Provisions of the patent administration authorities on investigating and handling counterfeiting of patents? Article 19 What is Article 1 of these Provisions? In case of any of the acts listed in Article 2 of these Measures, the patent administrative organ shall order it to stop passing off as a patent, eliminate the influence, seal up or collect the products passing off as patent marks and products with passing off as patent marks. If the circumstances are serious, a fine of 1,000 to 50,000 yuan or one to three times the illegal income shall be imposed.
Illegal printing of patent certificate, patent application number, patent number or other patent application marks and patent marks, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Five, the behavior is different
It is illegal to pass off a patent, and it is fraudulent to pass off a patent.