Legal analysis: if the actor constitutes the crime of counterfeiting patent, he shall be investigated for criminal responsibility according to law. 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. The subject of this crime can be a natural person or a unit. If a unit commits this crime, it shall implement the double penalty system, impose a fine on the unit, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 216 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.
Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.