How to compensate for patent infringement
The amount of compensation for infringement of patent rights shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation for patent infringement may be determined based on the actual losses caused by the infringer. Determination of benefits obtained from 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.
If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine a certain amount of compensation based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation ranging from RMB 10,000 to RMB 1 million.
The statute of limitations for patent infringement is two years. The patentee or interested party knows or should know about the infringement. calculated from the date of the act.
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