According to the patent law of the people's Republic of China, the detailed rules for the implementation of the patent law of the people's Republic of China, the criminal law of the people's Republic of China and the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II), the legal provisions related to the protection of patent rights are as follows
Patent protection
1. Protection period
The term of the patent right for invention is 20 years, the term of the patent right for utility model is 10 years, and the term of the patent right for design is 15 years, all of which are calculated from the date of application. In order to compensate for the time required for the examination and approval of the marketing of innovative drugs, the State Council may decide to extend the term of the patent right for the invention patent of innovative drugs which are applied for marketing both in China and abroad. The extended term shall not exceed five years, and the total effective term of the patent right shall not exceed 14 years after the marketing of innovative drugs. However, the annual patent fee must be paid every year in order to be protected within the term of protection
2. Scope of protection
The scope of protection of a patent right for invention or utility model shall be subject to the content of the claim. The description and the drawings may be used to explain the content of the claim.
The scope of protection of the patent right for design shall be subject to the design of the product represented in the picture or photograph. A brief description may be used to explain the design of the product represented in the picture or photograph.
3. Protection mode
（1) Mode of civil action
If the exploitation of the patent without the permission of the patentee infringes upon the patent right and causes a dispute, it shall be settled by the parties concerned through consultation; If they are unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a suit in the people's court.

The amount of compensation for infringement of patent right shall be determined according to the actual loss suffered by the obligee due to infringement; If it is difficult to determine the actual loss, it may be determined according to the interests gained by the infringer due to the infringement. Where it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the patent license fee. For intentional infringement of patent right, if the circumstances are serious, the amount of compensation may be determined at not less than one time but not more than five times the amount determined according to the above method. Where it is difficult to determine the loss of the obligee, the benefit obtained by the infringer and the patent license fee, the people's court may, in light of such factors as the type of patent right, the nature and circumstances of the infringing act, determine to pay compensation of not less than 100000 yuan but not more than 5 million yuan. The amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court can order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; If the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation by referring to the claim of the obligee and the evidence provided.
（2) Ways of administrative law enforcement
If the exploitation of the patent without the permission of the patentee infringes upon the patent right and causes a dispute, it shall be settled by the parties concerned through consultation; If they are unwilling to negotiate or fail to negotiate, the patentee or interested party may request the administrative department for patent affairs to handle the matter. If the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If the party concerned is not satisfied with the decision, it may bring a suit to the people's court in accordance with the administrative procedure law of the people's Republic of China within 15 days from the date of receiving the notice; If the infringer neither brings a suit nor stops the infringing act within the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the party concerned, the administrative department for patent affairs may mediate the amount of compensation for the infringement of patent rights; If mediation fails, the parties may bring a suit in the people's court in accordance with the Civil Procedure Law of the people's Republic of China.

Where a party requests to handle a patent infringement dispute or to mediate a patent dispute, it shall be under the jurisdiction of the administrative department for patent work in the place where the requested party is located or where the infringement is committed. Where two or more departments in charge of patent work have jurisdiction over a patent dispute, the party concerned may make a request to one of the departments in charge of patent work; Where a party makes a request to two or more administrative departments for patent work that have jurisdiction over the matter, the administrative department for patent work that first accepts the request shall have jurisdiction. Where the administrative department for patent affairs disputes the jurisdiction, the administrative department for patent affairs of the people's government at a higher level shall designate the administrative department for patent affairs to exercise jurisdiction; Where there is no department for the administration of patent work under the people's government at a higher level, the administrative department for patent under the State Council shall designate the Department to exercise jurisdiction.

When the administrative department of patent affairs and the Department in charge of patent law enforcement handle and investigate the suspected infringement of patent right and counterfeiting of patent according to the evidence obtained, they may inquire the parties concerned and investigate the situation related to the suspected illegal act; Conduct on-site inspection on the places where the parties are suspected of illegal acts; Consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts; Check the products related to suspected illegal activities, and seal up or detain the products that are proved to be counterfeit patents. When the administrative department of patent work and the Department in charge of patent law enforcement exercise the functions and powers prescribed above, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
（3) Mode of criminal procedure
In addition to bearing civil liability according to law, the Department in charge of patent affairs shall order the counterfeiter to make corrections and make an announcement, confiscate the illegal gains and may also impose a fine of not more than four times the illegal gains; If there is no illegal income, a fine of less than 200000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Crime of counterfeiting patent
The following acts belong to the act of counterfeiting a patent: labeling a patent mark on a product or its package that has not been granted a patent right, continuing to label a patent mark on a product or its package after the patent right has been declared invalid or terminated, or labeling another person's patent number on a product or its package without permission; Sale of the above products; In the product description and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, the patent application is called a patent, or the patent number of another person is used without permission, so that the public mistakenly regards the technology or design involved as a patented technology or a patented design; Forging or altering patent certificates, patent documents or patent application documents; Any other act that confuses the public and mistakenly regards a technology or design that has not been granted a patent right as a patented technology or design. Before the termination of the patent right, if the patent mark is marked on the patented product, the product obtained directly according to the patented method or its package according to law, and after the termination of the patent right, the product is promised to be sold or sold, it does not belong to the act of counterfeiting the patent. Where a person sells a product that he does not know is a counterfeit patent and can prove the legal source of the product, the administrative department for patent affairs shall order him to stop selling the product, but shall be exempted from the penalty of a fine.
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.
Standard for filing a case of counterfeiting patent crime
Anyone who counterfeits another person's patent and is suspected of one of the following circumstances shall file a case for prosecution: the amount of illegal business operation is more than 200000 yuan or the amount of illegal income is more than 100000 yuan; Causing direct economic losses of more than 500000 yuan to the patentee; Counterfeiting two or more other people's patents, and the amount of illegal business is more than 100000 yuan or the amount of illegal income is more than 50000 yuan; Other serious circumstances.
If the patentee grants permission to exploit his patent, that is, infringes upon his patent right and causes a dispute, it shall be settled by the parties concerned through consultation; Those who are unwilling to negotiate or fail to negotiate shall be entitled to the patent right