How to calculate the amount of damages when handling patent infringement disputes
1. The patentee’s infringement The actual economic losses suffered shall be regarded as the amount of compensation. This method is generally used when the patented product has a relatively stable market and sales volume is stable or rising.
2. Based on the infringer’s gains due to the infringement All profits shall be treated as loss compensation amount. This method is generally used when the patentee and its permitted assignees have not yet placed the patented product on the market.
3. No less than the patent license fee A reasonable amount shall be regarded as the amount of loss compensation. This method is generally used when the patentee has not put the patented product on the market and the infringer has no profit from producing and selling the infringing product.
What are the solutions to patent infringement
According to the current relevant regulations, specialInterest disputes can be resolved through administrative processing or court litigation. Administrative agencies with the power to handle patent disputes include the patent management departments established by governments at the provincial level, provincial capital cities, special economic zones, and coastal open cities, as well as the intermediate people's courts in provincial capital cities, special economic zones, and coastal open cities.
Through the patent management agency Compared with litigation, the procedures for mediating patent disputes are simple and flexible. Moreover, the patent management agency has a group of law enforcement personnel who have strong professional knowledge and are familiar with the law, so the handling is direct and quick, which is conducive to the early resolution of disputes. In order to delay time, some infringers will find any reason to revoke the patent right to the Patent Office or file a request for invalidation to the Patent Reexamination Board. At this time, the People's Court must suspend the trial of the case and wait for the results of the Patent Office or the Reexamination Board. Therefore, the case sometimes drags on for several years, and the product goes from being a best-seller to being unsaleable. However, as the patent management agency, after analyzing the evidence presented by the petitioner, it does not need to suspend the trial if it considers that the evidence is insufficient. Therefore, for utility model and design patent infringement disputes, administrative handling has more advantages. Of course, after mediation by the patent management agency, if the parties are not satisfied, they can also file a lawsuit in the People's Court.
Sue in the People's Court and resolve it through litigation procedures The advantage of general methods for resolving civil disputes is that the judgments and mediation documents of the People's Court have direct enforcement effect. However, there are some noteworthy problems in resolving patent disputes through litigation. For example, patent infringement disputes often involve professional and technical issues. The court must invite experts for consultation and appraisal. Therefore, the litigation time often drags on for too long and the parties are exhausted. Energy is also not conducive to the implementation and utilization of patented technology and its transformation into productivity as soon as possible.
Infringement of Article 65 of the Patent Law The amount of compensation for a patent right shall be based on the actual damage suffered by the patent owner due to the infringement.cannot be determined; if the actual loss is difficult to determine, it can be determined according to the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
Loss of the right holder and benefits gained by the infringer If it is difficult to determine both the patent license fee and the patent license fee, the people's court may determine to award a compensation of not less than RMB 10,000 but not more than RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement.
The above three calculation methods are the Supreme People’s Court The formula adopted is to calculate the amount of compensation for current patent infringement disputes based on the plaintiff's losses, the defendant's profits, and the patentee's technology transfer fees. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
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