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Which behaviors belong to counterfeiting others' patents

Time: July 1, 2024 label: intellectual property right patent Reading: 1322 people

Lawyer's analysis:

Counterfeit others patent The misconduct of
First, in the manufacturing process and sales link of goods or services, businesses suspected of counterfeiting others' patents will mark the patent number of others' patent protection on the outer packaging of products and products without authorization;
Secondly, they may illegally use the patent number of other enterprises in various advertisements and introduction materials publicized to the outside world, and make consumers mistakenly think that the technology belongs to the infringed through such means;
Third, when signing relevant contracts or agreements, these illegal businesses will also use others' patent numbers to cheat, making the other party mistakenly believe that the technology designed is actually the patented technology owned by the other party;
Finally, they may even make false or tamper with others' patent certificates, patent documents or patent application File.

However, the act of counterfeiting others' patents must meet three basic requirements at the same time to constitute a criminal fact:
First, there can be no absence of counterfeiting;
Second, the counterfeited object must be legally obtained by non registered manufacturers and really exist patent right Benefit;
Third, it must be a deliberate act of counterfeiting other people's patents.

According to the laws of our country statute It is stipulated that both legal persons and natural persons will face civil compensation administrative sanction And criminal investigation.

Legal basis:

Article 216 of the Criminal Law
Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

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Lawyers' answers

ask Cause of Dispute over Property Damage Compensation

Tort liability dispute: when one party infringes on the property rights and interests of others due to its fault, resulting in property losses, the injured party can file a tort liability dispute lawsuit and require the infringer to bear the liability for compensation. Contract dispute: In the process of contract performance, if one party violates the contract

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ask Cause of Dispute over Property Damage Compensation

Legal Counsel

ask How to apply for a patent

Where an application for a patent is filed, the applicant shall submit the application documents to the patent administration department under the State Council. Patents are divided into three types: invention, utility model and design. Before submitting the application documents, you need to determine the type of your patent according to law, and then collect the relevant certificates

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What are the sentencing standards for the crime of counterfeiting patents

Legal Advisor

The crime of counterfeiting patents is a crime set by the criminal law of our country against the serious infringement of intellectual property rights, which is limited to violations of patent laws and regulations and infringement of other people's patent rights and interests. The act of impersonating a patent or infringing a right not specified in the patent law does not constitute this crime. If convicted, the offender will face up to three years' imprisonment or detention, and may be accompanied by a high fine.

Views: one thousand and forty-two 2024-07-03
What are the contents and results of patent formal examination

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Patent formal examination is the compliance inspection of the patent office on the application process, including the accuracy of documents and formats. If it is found in the initial examination that it is not in conformity with the Patent Law, the applicant has the opportunity to amend it and reply within a time limit. The application may be automatically revoked if it is not corrected within the time limit without reasonable reasons. If it is still unqualified after correction, the Patent Office may reject it. The applicant shall have the right to apply to the Patent Reexamination Board for reconsideration.

Views: one thousand and forty-two 2024-07-03
Several replies are required during patent examination

Legal Advisor

Patent examination is divided into two to three stages. During the substantive examination, if the examiner finds any problem in the application, he/she will issue a notice of opinion. The applicant shall respond and persuade the examiner within the time limit, and issue a notice of authorization if there is no new problem. If the examiner finds new problems, he/she will issue a notice again to enter a new round of communication cycle.

Views: one thousand one hundred and nine 2024-07-03

What are the licensing conditions for invention patents

Lawyer Luo Hong

Novelty means that the invention or utility model does not belong to the prior art; Creativity means that, compared with the prior art, the invention has prominent substantive features and remarkable progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

Play volume: one thousand four hundred and sixty-seven 2022-06-07
What is the design patent

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Design patent refers to the new design of the product's shape, pattern or its combination, as well as the combination of color and shape, pattern, which is aesthetic and suitable for industrial application. Design refers to the design of industrial products, that is, the style of industrial products.

Play volume: one thousand two hundred and six 2022-06-07
How to handle the formalities for granting patent right

Lawyer Luo Hong

When going through the registration formalities, the applicant shall pay the patent registration fee, the publication and printing fee and the annual fee of the year when the patent right was granted. The applicant for a patent for invention shall pay the application maintenance fee for each year at the same time, excluding the year when the patent right was granted. If the fees are not paid at the expiration of the time limit, the registration formalities shall be deemed not to have been handled.

Play volume: seven hundred and ninety-seven 2022-06-07

101″

How much is the infringement patent

Sheng Xinyin

1. Judgment premise: determine whether the accused infringing product and patented product belong to the same kind of product

Listening volume: seven hundred and fifty-nine 2019-06-27
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What is the identification standard of appearance patent infringement

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1. Determine the scope of protection of the design patent right. According to Article 56 of the Patent Law

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How long is the patent license filed

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License filing: A patent license contract concluded between the patentee and another person shall be filed from

Listening volume: eight hundred and twenty-four 2019-06-18

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