The criminal responsibility of the crime of counterfeiting patent shall be investigated: he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. The crime of counterfeiting patent refers to the act of counterfeiting other people's patents in violation of national laws and regulations. The subject of this crime is a general subject, which can be composed of enterprises, institutions and individuals. 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.
legal ground
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.