How to punish infringement of invention patent rights

Do you also have any questions about how to determine patent infringement? Many people are looking for answers on the Internet. Today, the editor of Legal Savior Network has sorted out the following content on how to determine patent infringement. I hope it can help you answer your questions. Come and find out together!

How to punish infringement of invention patent rights

Using a patent without the permission of the patent owner is an infringement of its If a dispute arises over patent rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. The acts that infringe patent rights are as follows:

1. The act of manufacturing patented products under license;

2. Intentional use of invention or utility model patented products;

3. The act of selling or promising to sell unlicensed patented products;

4. The act of using patented methods and using, selling, or promising 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.

Article 65 of the "Patent Law" The amount of compensation for infringement of patent rights shall be based on the actual losses suffered by the right holder due to the infringement Determine; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it should be reasonably determined with reference to a multiple of the patent license fee. The amount of compensation should also include 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 the amount of the award to be between RMB 10,000 and RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.

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