1, and may be fined not more than five times the illegal income;
2. If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.
The subject of the crime of counterfeiting patent is a general subject, which can be composed of enterprises, institutions and individuals. The subjective aspect of the crime of counterfeiting patent is intentional, which generally has the purpose of illegally obtaining economic benefits, but some of it is also aimed at damaging the reputation of others and damaging their patent rights and interests. For what purpose does it not affect the establishment of the crime of counterfeiting patents? Objectively speaking, the crime of counterfeiting patent is a serious act of violating the national patent management regulations, counterfeiting patents granted to others within the validity period stipulated by law, and infringing on the patent rights and interests of others. The object of the crime of counterfeiting patent is the patent ownership of others.
Legal basis: Article 68 of the Patent Law of People's Republic of China (PRC).
In case of counterfeiting patents, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order it to make corrections and make an announcement, confiscate the illegal income and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.