Is patent infringement more serious?

Appearance patent infringement is generally not very serious. Because general patent infringement involves civil disputes, it is settled by the parties through consultation. If negotiation fails, it may be handled by the court or the department in charge of patent work. However, if the infringement belongs to the infringement of public rights and state rights such as counterfeiting patents, the consequences may be more serious, because it will involve administrative punishment and criminal punishment.

legal ground

Article 65 of the Patent Law

If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. Article 68

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.