The filing standards for the crime of patent counterfeiting are: the illegal business amount is more than 200,000 yuan or the illegal income is more than 100,000 yuan; the direct economic loss caused to the patentee is more than 500,000 yuan ; Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income of more than 50,000 yuan; other serious circumstances.
Legal Basis
Article 72 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
Anyone who counterfeits someone else’s patent and is suspected of any of the following circumstances shall be prosecuted:
(1) The illegal business amount is more than 200,000 yuan or the illegal income amount is more than 100,000 yuan;
(2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan, or violating the law The amount of income is more than 50,000 yuan;
(4) Other serious circumstances.