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假冒专利罪侵犯的客体是复杂客体,既包括国家的专利管理制度,也包括专利人的专利权。犯罪对象表现为他人的专利权,具体又以专利号、专利证书、专利文件、专利申请文件等形式表现出来。假冒专利罪中“假冒他人专利”的应结合专利法规进行认定。假冒他人专利不应包括非法实施他人专利的情形,且与冒充专利也有本质上的差异。假冒他人专利实质上就是将一项本不享有专利权的产品或方法假冒成专利权人的专利产品或者专利方法。
The object of infringement of counterfeiting patent crimes is a complex object, which includes both the state’s patent management system and the patentee’s patent rights. The object of crime is shown as the patent right of others, and concretely, the form of patent number, patent certificate, patent document, patent application document and the like are also displayed. Counterfeit patent crimes in the “fake patent ” should be combined with patent laws and regulations. Counterfeiting the patent of another person should not include the illegitimate exploitation of the patent of another person, and there are inherent differences from the impersonation patent. A fake patent of another person is essentially a patented product or a patented method of counterfeiting a patented product or method as a patentee.