What is the nature of counterfeiting others' patents?

1. What are the conditions for counterfeiting other people's patents?

1. The conditions for counterfeiting other people's patents are as follows:

(1) There must be counterfeiting;

(2) The counterfeit must be the patent that others have obtained and actually exist;

(3) The act of counterfeiting others' patents is intentional.

2. Legal basis: Article 80 of the Detailed Rules for the Implementation of the Patent Law

The patent administration department of the State Academy of Iron Sciences shall give guidance to the patent administration department in handling patent infringement disputes, investigating and dealing with patent counterfeiting and mediating patent disputes.

Second, what is the legal responsibility for counterfeiting other people's patents?

1, administrative responsibility. For patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, correct it and impose a fine. The department in charge of patent work may also mediate the amount of compensation for patent infringement at the request of the parties concerned;

2. Civil liability. This responsibility is mainly to stop the infringement, compensate the losses and eliminate the influence;

3. Criminal responsibility. According to the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible will also be investigated for criminal responsibility. According to the regulations, if there is such a serious situation, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.