1. The standards for filing crimes against intellectual property rights are as follows:
(1) The amount of illegal business is more than 200,000 yuan or the amount of illegal income is more than100,000 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.
2. Legal basis: Article 2 16 of the Criminal Law of People's Republic of China (PRC).
The crime of counterfeiting patents, 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 only be fined.
Second, what are the constitutive elements of the crime of counterfeiting patents?
The constitutive elements of the crime of counterfeiting patents are as follows:
1. The subject of the crime of counterfeiting patent is a general subject, which can be composed of enterprises, institutions and individuals;
2. The subjective aspect of the crime of counterfeiting patent is intentional, which generally has the purpose of illegally obtaining economic benefits, but some of it is also aimed at damaging the reputation of others and destroying the patent rights and interests of others;
3. The crime of counterfeiting patents is objectively manifested as a serious act of violating the national patent management regulations and counterfeiting patents granted to others within the validity period of patents stipulated by law.