Is patent infringement a counterfeit patent?

Counterfeiting patents is an infringement. According to the relevant laws and regulations, if the actor carries out acts such as counterfeiting patents, he shall not only bear civil liability according to law, but also be punished by the patent law enforcement department. If a crime is constituted, criminal responsibility shall be investigated according to law. Therefore, it can be judged that counterfeit patents belong to patent infringement.

legal ground

Article 68 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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.