The difference between patent infringement and counterfeit patent

Legal analysis: Although counterfeiting others' patents and patent infringement are both illegal acts, there are differences between them, mainly in two aspects: 1. Patent infringement refers to the patentee's permission to exploit his patent, and the key is that the infringer exploits the patentee's patent. Counterfeiting other people's patents mainly refers to the use of other people's patent marks or patent numbers, and does not involve the patentee's patent.

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

Article 216 Whoever counterfeits another person's patent, 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 shall only, be fined.

Article 220 Where a unit commits this crime, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of Article 216 of this Law.