Legal basis: Article 84 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), 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.