Abstract: In the economy of intelligence, patent ownership is playing a more and more important role. Meanwhile, infringement of patent ownership is becoming widespread. Crimes involving such cases are more complicated and hard to be detected while its damage to the society is severe. However, the protection of patent ownership under Penalty Law in China still has some vacancy items, say, the unlawful use of patent is beyond its scope. This article analyses the damage to the society caused by the unlawful use of patents to suggest the necessity and feasibility of establishing the crime "unlawful use patent".