构成犯罪的，依法追究刑事责任。

Where the infringement constitutes a crime, he shall be prosecuted for his criminal liability.

第五十九条 以非专利产品冒充专利产品、以非专利方法冒充专利方法的，由管理专利工作的部门责令改正并予公告，可以处五万元以下的罚款。

Article 59.  Where any person passes any non-patented product off as patented product or passes any non-patented process off as patented process, he shall be ordered by the administrative authority for patent affairs to amend his act , and the order shall be announced, and he may be imposed a fine of  no more than RMB 50,000 yuan.

第六十条 侵犯专利权的赔偿数额，按照权利人因被侵权所受到的损失或者侵权人因侵权所获得的利益确定；

Article 60.  The amount of compensation for the damage caused by the infringement of the patent right  shall be assessed on the basis of the losses suffered by the patentee or the profits which the infringer has earned through the infringement.

被侵权人的损失或者侵权人获得的利益难以确定的，参照该专利许可使用费的倍数合理确定。

If it is difficult to determine the losses which the patentee has suffered or the profits which the infringer has earned, the amount may be assessed by reference to the appropriate multiple of the amount of the exploitation fee of that patent under contractual license. 

第六十一条 专利权人或者利害关系人有证据证明他人正在实施或者即将实施侵犯其专利权的行为，如不及时制止将会使其合法权益受到难以弥补的损害的，可以在起诉前向人民法院申请采取责令停止有关行为和财产保全的措施。

Article 61.  Where any patentee or interested party has evidence to prove that another person is infringing or will soon infringe its or his patent right and that if such infringing act is not checked or prevented from occurring in time, it is likely to cause irreparable harm to it or him, it or he may, before any legal proceedings are instituted, request the people's court to adopt measures for ordering the suspension of  relevant acts and the preservation of property.

人民法院处理前款申请，适用《中华人民共和国民事诉讼法》第九十三条至第九十六条和第九十九条的规定。

The people's court, when dealing with the request mentioned in the preceding paragraph, shall apply the provisions of Article 93 through Article 96 and of Article 99 of the Civil Procedure Law of the People's Republic of China

第六十二条 侵犯专利权的诉讼时效为二年，自专利权人或者利害关系人得知或者应当得知侵权行为之日起计算。

Article 62. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act.

发明专利申请公布后至专利权授予前使用该发明未支付适当使用费的，专利权人要求支付使用费的诉讼时效为二年，自专利权人得知或者应当得知他人使用其发明之日起计算，

Where no appropriate fee for exploitation of  the invention, subject of an application for patent for invention, is paid during the period from the publication of the application to the grant of patent  right, prescription for instituting legal proceedings by the patentee to demand the said fee is two years counted from the date on which the patentee obtains or should have obtained  knowledge of the exploitation of his invention by another person.

但是，专利权人于专利权授予之日前即已得知或者应当得知的，自专利权授予之日起计算。

However, where the patentee has already obtained or should have obtained knowledge before the date of the grant of the patent right, the prescription shall be counted from the date of the grant.

第六十三条 有下列情形之一的，不视为侵犯专利权：

Article 63.   None of the following shall be deemed an infringement of the patent right:

（一）专利权人制造、进口或者经专利权人许可而制造、进口的专利产品或者依照专利方法直接获得的产品售出后，使用、许诺销售或者销售该产品的；

(l) Where, after the sale of a patented product that was made or  imported by the patentee or with the authorization of the patentee, or of a product that was directly obtained by using the patented process, any other person uses, offers to sell or sells that product;

（二）在专利申请日前已经制造相同产品、使用相同方法或者已经作好制造、使用的必要准备，并且仅在原有范围内继续制造、使用的；

(2) Where, before the date of filing of the application for patent, any person who has already made the identical product, used the identical process, or made necessary preparations for its making or using, continues to make or use it within the original scope only;

（三）临时通过中国领陆、领水、领空的外国运输工具，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，为运输工具自身需要而在其装置和设备中使用有关专利的；

(3) Where any foreign means of transport which temporarily passes through the territory, territorial waters or territorial airspace of China uses the patent concerned, in accordance with any agreement concluded between the country to which the foreign means of transport belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity, for its own needs, in its devices and installations;

（四）专为科学研究和实验而使用有关专利的。

(4) Where any person uses the patent concerned solely for the purposes of scientific research and experimentation.

为生产经营目的使用或者销售不知道是未经专利权人许可而制造并售出的专利产品或者依照专利方法直接获得的产品，能证明其产品合法来源的，不承担赔偿责任。

Any person who, for production and business purposes, uses or sells a patented product or a product that was directly obtained by using a patented process, without knowing that it was made and sold without the authorization of the patentee, shall not be liable to compensate for the damage of the patentee if he can  prove that he obtains the product from a legitimate source.

第六十四条 违反本法第二十条规定向外国申请专利，泄露国家秘密的，由所在单位或者上级主管机关给予行政处分；

Article 64. Where any person, in violation of the provisions of Article 20 of this Law, files in a foreign country an application for a patent that divulges an important secret of the State, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority concerned at the higher level.

构成犯罪的，依法追究刑事责任。

Where a crime is established, the person concerned shall be prosecuted for his criminal liability according to the law.

第六十五条 侵夺发明人或者设计人的非职务发明创造专利申请权和本法规定的其他权益的，由所在单位或者上级主管机关给予行政处分。

Article 65.   Where any person usurps the right of an inventor or creator to apply for a patent for a non-service invention-creation, or usurps any other right or interest of an inventor or creator, prescribed by this Law, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority at the higher level.

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