If the circumstances of appearance infringement are serious, it will be suspected of counterfeiting patents and the perpetrator will be sentenced. Those who constitute the crime of counterfeiting patents are generally sentenced to fixed-term imprisonment of not more than three years or criminal detention, and are also or only fined. The crime of counterfeiting patent refers to the act of counterfeiting other people's patents in violation of national laws and regulations. The subject of the crime of counterfeiting patent is a general subject, which can be composed of enterprises, institutions and individuals. The subjective aspect is intentional. The subjective aspect of this crime is intentional, and generally it has the purpose of illegally obtaining benefits.
legal ground
Article 2 16 of the Criminal Code of People's Republic of China (PRC).
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.