For passing off a patent, in addition to civil liability, the patent enforcement department shall order correction and publish an announcement, confiscate unlawful gains, and may impose a fine of up to five times those gains. If there are no unlawful gains or they are below RMB 50,000, a fine of up to RMB 250,000 may be imposed. Criminal liability shall be pursued where a crime is constituted.

A seller that did not know a product passed off a patent and can prove its lawful source shall be ordered by the patent enforcement department at or above county level to cease sales.