How to judge patent infringement?

Legal analysis: Under normal circumstances, infringement of patent rights requires civil liability and compensation for the losses of the obligee. However, it is possible to bear criminal responsibility in the case of counterfeiting patents.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 63 Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 65 The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to the infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement.