How to Investigate Patent Infringement Cases

The investigation method of patent counterfeiting cases is: the public security organs conduct investigations and collect and obtain evidence and materials proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious. Current offenders or major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions must be arrested in accordance with the law.

Legal Basis

Article 216 of the Criminal Law of the People's Republic of China

Whoever counterfeits other people's patents, if the circumstances are serious, shall be sentenced to three years in prison shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.

Article 115 of the "Criminal Procedure Law of the People's Republic of China"

The public security organs shall investigate, collect and retrieve criminal cases that have been filed Evidence materials proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious. Current offenders or major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions must be arrested in accordance with the law.