Punishment for counterfeiting patents?

Penalties for counterfeiting patents:

1. If the actor's counterfeiting of patents does not constitute a crime, in addition to bearing corresponding civil liabilities, the relevant departments shall also order it to make corrections and make a public announcement, confiscate the illegal income and impose a fine of less than 5 times the illegal income; Not up to the standard amount, a fine of 250 thousand yuan;

2. Counterfeiting patents, if the circumstances are serious, constitutes a crime of counterfeiting patents, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

legal ground

Article 68 of the patent law

In case of counterfeiting patents, 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 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.

Article 2 16 of the criminal law

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.