1. How much can a counterfeit patent be fined according to the Patent Law?
1, counterfeiting patents, the amount of fines is as follows:
(1) may be fined not more than five times the illegal income;
(2) If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.
2. Legal basis: People's Republic of China (PRC) Patent Law.
Article 68 Anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than five times his illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Second, what is the crime of counterfeiting patents?
The crime of counterfeiting patent refers to the act of violating national patent laws and regulations and counterfeiting other people's patents, which is serious. The crime of counterfeiting patent has the following characteristics:
1. The subject of the crime of counterfeiting patent is a general subject, which can be composed of enterprises, institutions and individuals.
2. The subjective aspect of the crime of counterfeiting patent is intentional, which generally has the purpose of illegally obtaining economic benefits, but some of it is also aimed at damaging the reputation of others and damaging the patent rights and interests of others. For what purpose does it not affect the establishment of the crime of counterfeiting patents?
3. The crime of counterfeiting patent is objectively manifested as a serious act of violating the national patent management regulations, counterfeiting patents granted by others within the validity period of patents stipulated by law, and infringing on the patent rights and interests of others.
There are many ways to counterfeit patents, including the following: cheating registered patents and using others' patents; Marking other people's proprietary marks or patent numbers on non-patented products or patents; Counterfeiting other people's patents, stealing other people's patents, carrying out other people's patents without authorization, deliberately trafficking in products with counterfeit or altered patents, forging or making other people's patent marks without authorization, deliberately selling forged or unauthorized patent marks, importing products with counterfeit patents, and passing off patents. Serious circumstances are the necessary elements of the crime of counterfeiting patents. If the circumstances are serious, it means that the means of counterfeiting others' patents are bad, and the amount of illegal profits is relatively large, which has caused great damage to the patentee or the country and caused adverse effects at home and abroad.
4. The object of the crime of counterfeiting patent is the patent ownership of others. Patents can be divided into three categories: invention patents, utility model patents and design patents. Patent right, that is, intellectual property right, is an intangible property right, which is listed as the most important right in industrial property rights internationally. The state implements unified management of patents, forms a patent system, protects the right of technological invention, encourages invention and creation, and promotes the popularization and application of technological inventions. The act of counterfeiting others' patents not only infringes on the national patent system, but also infringes on the interests of the patentee.
According to the provisions of the patent law, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order it to make corrections and make an announcement, confiscate the illegal income, and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.