1. What are the compensation standards for patent infringement
1. Compensation for patent infringement The standards are as follows:
(1). 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 or the benefits gained by the infringer due to the infringement. Determine;
(2) If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee;
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(3) 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 decide based on the type of patent right and the infringement behavior. Based on factors such as the nature and circumstances of the crime, it is determined that a compensation of not less than 30,000 yuan but not more than 5 million yuan will be awarded.
2. Legal basis: Article 71 of the "Patent Law of the People's Republic of China"
2. How to collect evidence for patent infringement damages
In practice, when a patent is infringed, the right holder can start from the following directions when collecting evidence:
1. Evidence about the situation of the patent infringer
To sue the other party, you must first know the basic situation of the other party, otherwise it will be difficult to determine the person responsible for damages. Generally speaking, the rights holder is required to provide the exact name, address, nature of the business, registered capital, number of employees, business scope, etc. of the infringer.
2. Evidence of infringement facts
To find this evidence, you can see what the other party has done on the patent What infringements have been committed?Generally, the items that can be used include physical objects, photos, product catalogs, sales invoices, purchase and sales contracts, etc. of the infringing items.
3. Evidence of damages
If a patent is infringed, there will generally be losses , then the patentee can demand damages from the infringer when defending rights.
Specifically, the amount of damages required can be the losses suffered by the patentee. When the patentee provides evidence of losses, it can point to losses such as reduced sales volume or lower sales price of its patented products, as well as other losses such as extra expenses or less income.
According to the provisions of the Patent Law, if a patent infringement causes losses, the amount of compensation shall be determined based on the gains of the infringer or the losses of the patentee. If it is difficult to agree, the amount of compensation shall be determined according to the patent If the multiple of the license fee is reasonably determined; if it is difficult to determine, a compensation of not less than 30,000 yuan but not more than 5 million yuan will be given. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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