What is the attorney fee for patent infringement cases
There is no fixed standard for agency fees in patent infringement cases, and the general basis is Depending on the amount involved in the case, the parties can negotiate with the lawyer to resolve the issue of agency fees.
Based on the "Administrative Measures for Lawyer Service Fees"
span>Article 4 Lawyer service fees shall be subject to government-guided prices and market prices Adjust price.
Article 5 Law Firms provide the following legal services in accordance with the law Services are subject to government-guided prices:
(1) Agency Civil litigation cases;
(2) Administrative litigation agency Case;
(3) Representing state compensation cases;(4) Provide legal advice to criminal suspects, represent them in appeals and accusations, and apply for bail pending trial; Act as the defendant's defender or private prosecutor, or the victim's litigation agent;
(5) Act as an agent for appeals in various litigation cases.
Implementation of charges for other legal services provided by law firms The market adjusts the price.
"Administrative Measures for Lawyer Service Fees" Article 9 Lawyer service fees subject to market regulation shall be determined by the law firm through negotiation with the client.
The law firm negotiates with the client the fees for lawyer services The following main factors should be considered:
(1) Work time spent;
(2) Difficulty of legal affairs;
(3) The client’s affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) Lawyer’s social reputation and work level, etc.
Manifestations of patent infringement
Patent infringement is divided into two categories: direct infringement and indirect infringement.
1. Direct infringement. This refers to the infringement of the patent rights of others directly carried out by the perpetrator. Its manifestations include:
(1) The act of manufacturing patented products for inventions, utility models, and designs;
(2) The act of using patented products for inventions and utility models;
(3) The act of promising to sell invention or utility model patented products;
(4) The act of selling invention, utility model or design patented products;
(5) The act of importing inventions, utility models, and design patented products;(6) Use of patented methods and use, offer for sale, sale , the act of importing products directly obtained according to the patented method;
(7) The act of counterfeiting the patents of others.
Use or sell for production and business purposes without knowing whether Patented products manufactured and sold without the permission of the patentee or products directly obtained according to patented methods, if the legal source of the product can be proven, is still an infringement of patent rights, and the infringement needs to be stopped but no liability for compensation will be borne.
Readers who need legal help are welcome to Legal Saviours.com for legal advice.
