There is a chance. If the defendant's illegal income from utility model patent infringement reaches 30,000 yuan, it will be handled as a criminal case. The administrative liability for patent infringement is to be ordered to stop using the patent, and the patented goods will be confiscated and destroyed. If negotiation fails, The parties concerned may file a lawsuit in court.

Legal Analysis

Standards for the amount of compensation: (1) The amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder due to the infringement; (2) Actual losses If it is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; (3) If the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to the multiple of the trademark license fee; (4) For malicious infringement, For trademark exclusive rights, if the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. In patent infringement litigation, the plaintiff should first collect and organize evidence based on the four elements of infringement liability stipulated in my country's civil infringement laws. At the same time, combined with the particularity of patent infringement, the following evidence should generally be provided: (1) Proof of plaintiff's subject qualifications: For natural persons, it is an ID card; for enterprises and institutions, it is a business license or institution registration certificate. (2) Patent right certificate: proves the ownership status when the patent right is granted. (3) Copy of patent registration book: In a certain sense, a copy of patent registration book is more important evidence than the patent certificate. This is because a copy of the patent registration book records the changes in patent ownership status after the patent is granted. (4) Patent authorization announcement text: claims, instructions, abstracts and abstract drawings for inventions or utility models; announcement authorization or photos and brief descriptions for industrial designs (5) Patent annual fee receipts: proof of patent continuation efficient. If a copy of the patent register is provided, the annual fee receipt does not need to be provided. The infringer shall be fined and shall also compensate the infringed party.

Legal Basis

Article 216 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A fine may also be imposed or a fine may be imposed.