How to determine the amount of compensation for patent infringement
1. Determined based on the actual losses suffered by the right holder due to infringement
Benefits gained by the infringer from the infringement = infringement Total number of products sold on the market * Reasonable profit per infringing product
2. Determine based on the benefits obtained by the infringer due to the infringement
Loss suffered by the patentee due to infringement = Total reduction in sales of the patentee due to infringement * Reasonable profit of each patented product
If the total sales volume of the right holder is reduced and it is difficult to determine: the loss suffered by the right holder due to the infringement = the infringement of the product The total number of sales on the market * the reasonable profit of each patented product
3. Determine based on 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 gained by the infringer, and there is a patent license fee that can be used as a reference, the people's court may decide based on the type of patent right and the nature of the infringement by the infringer. The amount of compensation shall be reasonably determined with reference to factors such as the circumstances, the amount of the patent license fee, the nature, scope, and time of the patent license.
4. Determine the statutory compensation
If there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the People's Court may, based on the type of patent right, the infringer If the nature and circumstances of the infringement and other factors, the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.
The last calculation method can only be used when the first three calculation methods cannot be used. Adopted.
2. Infringement of patent rights includes Which
implements it without the permission of the patentee Patents, that is, infringement of patent rights and causing disputes, shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation cannot be reached, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. Patent infringement Quan’s behavior is as follows:
1. The act of manufacturing patented products without permission;
2. Intentionally using invention or utility model patented products Behavior;
3. Sales and promises to sell without authorization Behavior of licensed patented products;
4. Use Patented methods and the act of using, selling, or offering to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained according to patented methods;
6. The act of counterfeiting other people's patents;
7. The act of passing off patents.
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