1, patent infringement belongs to the patentee's permission to exploit his patent, and the key lies in the infringer's implementation of the patentee's patent. Counterfeiting another person's patent mainly refers to using another person's patent mark or patent number, and does not involve the patentee's patent;
2. If the patent infringement infringes the legitimate civil rights and interests of the patentee, the actor shall bear civil liability. The patent administrative organ may, at the request of the parties concerned, mediate the amount of compensation for patent infringement. If mediation fails, the parties may bring a civil lawsuit to the people's court. Of course, the parties can also bring a lawsuit directly to the people's court. Patent infringement disputes are mainly resolved through civil channels. Only when the patent administrative organ finds that the infringement is established can it make an administrative decision to order the infringer to stop the infringement. On the one hand, the act of counterfeiting the patent of others directly affects the reputation of the counterfeited patentee and damages the interests of the patentee, which is a civil tort and the actor should bear civil liability.
If the circumstances of counterfeiting others' patents are serious, they may also be suspected of counterfeiting patents and be investigated for criminal responsibility.
Legal basis: Article 69 of the Patent Law of People's Republic of China (PRC).
In any of the following circumstances, it shall not be regarded as infringement of the patent right:
(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;
(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;
(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity; (four) the use of relevant patents for scientific research and experiments;
(5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.