Is patent infringement a criminal offence?

Patent infringement generally does not involve criminal offences. However, if the perpetrator imitates another person's patent and the circumstances are serious, it shall be deemed as a criminal act, and the people's court hearing the case shall impose a fixed-term imprisonment of not more than three years or criminal detention on the perpetrator, and shall also or only impose a fine.

legal ground

Article 68 of the Patent Law of People's Republic of China (PRC)

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 Code of People's Republic of China (PRC).

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.