What is the nature of counterfeiting someone else’s patent?

Patents can produce certain economic benefits. For this reason, you can also see that many people's patents are counterfeited by others, causing huge losses to the patent owners. But not all counterfeiting behaviors can be banned according to law, so what is the nature of counterfeiting other people’s patents? Take a look at the information collected by the editor of Legal Savior Network.

What is the nature of counterfeiting others' patents

China's Patent Law Implementation Article 84 of the Detailed Rules stipulates: The following acts are considered counterfeiting of others’ patents:

(1) Without permission, products or products manufactured or sold by Mark someone else’s patent number on the packaging;

(2) Use someone else’s patent number in advertising or other promotional materials without permission, causing others to use the patent number The technology involved is mistaken for someone else’s patented technology;

(3) Using someone else’s patent number in the contract without permission, causing others to misrepresent the technology involved in the contract. Mistaking the technology for others’ patented technology;

(4) Forging or altering other people’s patent certificates, patent documents or patent application documents.

The above provisions are exhaustive provisions, which means that the act of counterfeiting someone else’s patent can only be one of the four acts mentioned above or a combination thereof. According to the provisions of this article and the Implementing Rules of the Patent Law, it can be determined that there are three elements that constitute patent counterfeiting: First, there must be counterfeiting, that is, without the permission of the patentee, in some way showing that the product is protected by others Patented products, or methods whose methods are protected by patents of others, thereby misleading the public or relevant persons. Second, what is being counterfeited must be an actual existing patent that has been obtained by others. This is the difference between the act of counterfeiting someone else’s patent and the act of passing off a patent. If a non-existent patent is used, it constitutes an act of passing off a patent. Third, the act of counterfeiting someone else’s patent should be an intentional act, and the behaviors listed above are all intentional in nature.

The act of counterfeiting someone else’s patent should meet the following conditions:

(1) There must be counterfeiting;

(2) What is being counterfeited must be an actual existing patent that has been obtained by others;

(3) The act of counterfeiting someone else’s patent should be an intentional act.

The behavior of counterfeiting other people's patents includes the following types:

1. In its manufacturing or Marking other people’s patent numbers on the products and product packages being sold;

2. Using other people’s patent numbers in advertisements or other promotional materials to cause others to The technology designed is mistaken for someone else’s patented technology;

3. Using someone else’s patent number in the contract causes people to mistake the technology designed under the contract as someone else’s. Patented technology;

4. Forge or alter other people’s patent certificates, patent documents or patent application documents.

What are the responsibilities for counterfeiting patents

If you counterfeit others If a patent is infringed upon the patent rights of others, the person shall bear civil liability for infringement damages. The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.

Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the patent management department to make corrections and make an announcement. The illegal gains shall be confiscated and may be punished with four penalties for the illegal gains. times; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

There are also lawyers who have been stationed on the Legal Savior Network for a long time, trying to figure out all the ins and outs of counterfeiting other people’s patents.You can consult a lawyer directly online.