Legal analysis: (1) The amount of illegal business operation is more than 200,000 yuan or the amount of illegal income is more than 100,000 yuan; (2) Causing direct economic losses of more than 500,000 yuan to the patentee; (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; (4) Other serious circumstances.
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.