Patent infringement does not necessarily lead to jail time. If the infringement and the consequences of the infringement are minor and do not constitute a criminal offense, the dispute can be resolved through negotiation, complaint, or civil litigation. If the infringement and the consequences of the infringement are serious and constitute a criminal offense, the people's court shall make a criminal judgment in accordance with the law.
Legal Basis
Article 65 of the Patent Law of the People's Republic of China that took effect on June 1, 2021
Unpatented If the patentee's permission is granted to exploit the patent, that is to say, the patent rights are infringed upon and a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request management of the patent. department processing.
Article 68
Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the department responsible for patent law enforcement to make corrections and make an announcement, and the illegal gains may be confiscated and the illegal gains may be punished A fine of not more than five times the amount; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.