The following constitute passing off a patent:

(1) marking a product or packaging with a patent indication where no patent was granted; continuing to do so after invalidation or termination; or marking another person’s patent number without permission;

(2) selling a product described in item (1);

(3) describing unpatented technology or a design as patented in instructions or other materials, describing a patent application as a patent, or using another person’s patent number without permission so as to cause the public to mistake the technology or design for patented technology or a patented design;

(4) forging or altering patent certificates, patent documents, or patent application documents;

(5) other conduct that confuses the public into mistaking unpatented technology or designs for patented technology or patented designs.

A patent indication lawfully placed before the patent terminated does not constitute passing off merely because the product is offered for sale or sold after termination.