How to handle disputes over the transfer contract of patent application rights under the Civil Code

A Patent application right transfer contract refers to a contract in which the transferor transfers the right to apply for a patent for his invention to the transferee, and the transferee pays an agreed price. How to deal with disputes over patent application rights transfer contracts? What issues should be paid attention to when transferring patent application rights? Below, the editor of Legal Savior Network provides a template for everyone, welcome to read and browse!

How to handle patent application right transfer contract disputes

Prosecution is possible.

"Patent Law" Article 65 The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the benefits obtained by the infringer due to the infringement. Sure. 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.

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