Legal analysis: the scope of application of the crime of counterfeiting patent is limited to the act of counterfeiting other people's patents as stipulated in the patent law, while the act of counterfeiting patent and patent infringement are completely excluded from the punishment. From the perspective of the national patent system and the legitimate rights and interests of consumers, counterfeit patents are no less harmful to society than counterfeit patents of others. In addition, because one of the objects infringed by the crime of counterfeiting patent is the goodwill of the patentee, rather than the core content of the patent-patent system, and a large number of illegal acts in the patent field are patent infringements, it is not conducive to maintaining the authority of the patent system and fully protecting the legitimate rights and interests of the patentee only to stipulate the crime of counterfeiting patent.
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.