(a) the amount of illegal business is more than two hundred thousand yuan or the amount of illegal income is more than one hundred thousand yuan; This means that the unit or individual infringes another person's patent, and the amount of illegal income from counterfeiting another person's patent reaches more than 654.38+10,000 yuan.
(2) Causing direct economic losses of more than 500,000 yuan to the patentee; The "direct economic loss" here refers to the direct property loss and reduced actual value of the patentee caused by the actor's counterfeiting of others' patents, excluding indirect economic losses.
(3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan; According to the supplementary provisions of the Provisions on the Prosecution Standards for Economic Crimes, it refers to those who are close to the amount standards stipulated in Items 1 and Item 2 of this crime filing standard and reach more than 80% of this amount standard, that is, counterfeiting others' patents, "the amount of illegal gains is more than 80,000 yuan, or the amount of direct economic losses caused to the patentee is more than 400,000 yuan". The so-called "having received more than 2 administrative punishments" means that a unit or individual has received more than 2 administrative punishments for counterfeiting other people's patents. As for the type of punishment, the specific time and the time interval between two punishments, it will not be affected. As long as a unit or individual has been punished twice or more for counterfeiting other people's patents, the amount of illegal income is more than 80,000 yuan, or the amount of direct economic losses caused to the patentee is more than 400,000 yuan, the public security organ shall file a case for investigation.
Two. How to Punish the Counterfeiting of Patents Article 68 In addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate its illegal income, and may impose a fine of less than three times its illegal income. If there is no illegal income, it may also impose a fine of less than 50,000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law. According to Article 2 16 and Article 220 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.