How to compensate for 2023 invention patent infringement

If you have a better idea, you can apply for an invention patent. After your application is successful, if someone infringes the patent, how should you ask the other party to compensate you? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

How to compensate for invention patent infringement

Article 60 of the Patent Law : "The amount of compensation for patent infringement shall be determined based on the losses suffered by the right holder due to the infringement or the benefits obtained by the infringer due to the infringement; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, refer to the patent license. The multiple of the fee shall be reasonably determined." This article stipulates three calculation methods for patent infringement compensation:

1. The losses suffered by the infringed party due to infringement

2. The infringer’s income from infringement

3. Determined as a multiple of the patent license fee.

Article 21 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The losses suffered by the infringer or the benefits obtained by the infringer If it is difficult to determine, and there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people's court may, based on factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, generally between RMB 5,000 and RMB 300,000. Determine the amount of compensation, which shall not exceed RMB 500,000." That is statutory compensation. Compared with trademark infringement compensation, patent infringement can be calculated as a multiple of the patent license fee. Article 20 of the High Court Regulations: “When the people’s court pursues the infringer’s liability for compensation in accordance with the provisions of Article 57, Paragraph 1 of the Patent Law, it may, at the request of the right holder, calculate the amount of the infringement based on the loss or infringement suffered by the right holder. The amount of compensation is determined by the benefits gained by the person due to infringement." The patent infringer can choose the first or second method to calculate infringement compensation. If the first and second methods cannot be calculated, you can choose to apply the third calculation method. If the third calculation method still cannot be applied, then choose the fourth calculation method. There are pros and cons to the four calculation methods. Applicable order.

The above content is the relevant answer. Someone infringes one's patent rights. In this case, the other party must be compensated based on the actual loss results.If the compensation reaches a serious level, the other party may commit a crime. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.