Is it illegal to make machines with reference to other people's patented technology and use them by yourself?
(1) constitutes a patent civil infringement. If the patent is exploited without the permission of the patentee, it will infringe the patent right. The patentee has the right to ask the infringer to stop the infringement, eliminate the influence and compensate the losses. The amount of compensation can be determined according to the principle of actual loss, the principle of infringer's profit, the principle of referring to patent license fee or the principle of court discretion. Article 65 of the Patent Law stipulates: "The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right and the nature and circumstances of the infringement. " (2) that patent office subject to patent administrative punishment may investigate and deal with patent counterfeiting in accordance with the law and give corresponding punishment. Article 63 of the Patent Law stipulates that in addition to bearing civil liability according to law, the patent administration department shall order it to make corrections and make a public announcement, confiscate the illegal income, and may impose a fine of less than four times the illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. (3) According to the provisions of Article 216 of the Criminal 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 circumstances mentioned in this crime are serious, including: the amount of illegal business is more than 200,000 yuan or the amount of illegal income is more than100,000 yuan; Causing direct economic losses of more than 500,000 yuan to the patentee; Counterfeiting more than two patents of others, the illegal business amount is more than100000 yuan, or the illegal income amount is more than 50000 yuan, and other circumstances are serious.