Appearance patent infringement generally does not go to jail. However, if the perpetrator imitates another person's patent, and the circumstances are serious enough to constitute a crime, the people's court hearing the case shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or only, be fined.
Legal objectivity:
Article 68 of the Patent Law of People's Republic of China (PRC) * * * Whoever counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate its illegal income, and may concurrently impose a fine of less than five times its 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. Article 216th of the Criminal Law of People's Republic of China (PRC), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.