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Is it illegal to claim a patent when you don&#39;t have one in the EU?
<p>This company is claiming they are using &quot;patented technology&quot;</p>
<p><a href="https://marx-shoes.com/pages/technologie" rel="nofollow noreferrer">https://marx-shoes.com/pages/technologie</a></p>
<p>sourced from a company call &quot;powerinsole&quot;. The only patent associated with this so called technology that I could find is</p>
<p>A 60002/2018
<a href="http://seeip.patentamt.at/NPatentSuche" rel="nofollow noreferrer">http://seeip.patentamt.at/NPatentSuche</a></p>
<p>which is <em>abgebrochen</em> (cancelled)</p>
<pre><code>Title   pi performance chip
Application No  A 60002/2018
Patent No   
Application Date    03/01/2018
State   Registration Canceled
Zugehörige Schutzzertifikate    
Applicant   Martin Masching, Pfarrhofweg 1a, 5162, Obertrum (AT)
</code></pre>
<p>I have asked the company, 'Marx Shoes', to produce the patent number or document for any current patent but they have deleted my questions on their social media site.</p>
<p>Is it illegal within the EU to claim to have patents when you do not?</p>

<p>They don't actually claim to have a patent. Lots of people license a patent, and then they are using &quot;patented technology&quot;.</p>
<p>The only effect of this statement is: If you want to copy their product, you better find out what patent they are licensing, otherwise you might be in legal trouble. And their statement means you should have known that your copy of their product is covered by some patent, so you lose some defenses if you are accused of using a patent without license.</p>
<p>And of course many customers think if something is patented then it must be good. Which is not true obviously. But logically who owns the patent doesn't make a difference to that, so their statement isn't misleading IMHO.</p>
