Generally speaking, you won't go to jail for applying for a patent with other people's things. However, since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the patent administrative department of the State Council to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law.
Legal objectivity:
Article 45 of the Patent Law: Since the date when the patent administration department in the State Council announced the grant of the patent right, any unit or individual may request the patent administration department in the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law. Article 46 The patent administration department in the State Council shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. Anyone who refuses to accept the decision of the State Council Patent Administration Department to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.