What are the manifestations of the crime of counterfeiting patents? How to punish?

When applying for a patent, the patentee must pay attention not to be illegally infringed by others, and counterfeiting others' patents is also a violation of national laws and will be punished. So what are the manifestations of counterfeit patents? How to punish the crime of counterfeiting patents? Next, Bajie Intellectual Property takes you to know the relevant knowledge. Crime of counterfeiting patent. After the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. 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. This is the only provision of criminal law on patent crime, and it does not clearly define the meaning of counterfeiting others' patents. Before the revision, the Patent Law and its implementing rules did not clearly define the constitution of counterfeiting others' patents. Anyone who imitates another person's patent shall be dealt with in accordance with the provisions of Article 60 of this Law. If the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 127 of the Criminal Law. In theory and judicial practice, there are some ambiguities and even mistakes in the understanding of counterfeiting other people's patents. How to punish the crime of counterfeiting patents? Second, how to punish the crime of counterfeiting patents. The object infringed by the crime of counterfeiting patent includes not only the state's management order of patent, but also the patentee's exclusive right to patent; Objectively speaking, it is a serious act of counterfeiting the patents of others without the permission of the patentee, in violation of patent management laws and regulations; The subject of crime is a general subject, including both natural persons and units; The subjective aspect is intentional. When determining the nature of such cases, it should be noted that passing off non-patented products as patented products, or passing off non-patented methods as patented methods, all belong to counterfeiting, but this is a violation of the patent law and should be handled by the patent administration authorities, and does not constitute a crime of counterfeiting patents. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. If a unit commits this crime, it shall implement a double penalty system, that is, a single penalty, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.