Legal analysis: infringement of patent rights generally requires civil liability, but if it constitutes a crime, criminal liability shall be investigated. 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.
Legal basis: Article 216 of the Criminal Law of People's Republic of China (PRC). If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.