The differences between counterfeit patents and counterfeit patents are as follows:
1. The objects of infringement are different. Counterfeit patents generally refer to illegally obtaining patents legally obtained by others, while counterfeit patents generally refer to patents that do not actually exist;
2. Different behavior methods. Patent counterfeiting includes using someone else’s patent number, forging other people’s patent documents, etc., while patent counterfeiting includes forging or altering patent certificates, calling non-patented technology patented technology, etc.;
3. Other differences .
Legal Basis
Article 68 of the Patent Law of the People's Republic of China that took effect on June 1, 2021
Counterfeiting of patents , in addition to bearing civil liability in accordance with the law, the department responsible for patent law enforcement shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than five times the illegal gains; if there is no illegal gains or the illegal gains are less than 50,000 yuan, a fine of not more than five times the illegal gains may be imposed A fine of not more than 150,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 216 of the Criminal Law of the People's Republic of China
Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to Or a fine alone.