Legal analysis: the acts that constitute the crime of counterfeiting patents include: (1) marking the patent number of others on the products or product packages manufactured or sold by them without permission; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents.
Legal basis: Article 2 16 of the Criminal Law 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.