1. What are the conditions that do not constitute patent infringement
1. According to the relevant laws of my country, in patent infringement disputes, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute patent infringement.
2. Legal provisions: "Patent Law of the People's Republic of China"
62 Article 1 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute patent infringement.
Article 69 If any of the following circumstances occurs, it will not be regarded as infringement of patent rights:
(1) Patented products or products directly obtained according to patented methods are used, promised to sell, sold or imported after being sold by the patentee or an entity or individual licensed by the patentee;
(2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the date of patent application, and the manufacturing and use will only continue within the original scope;(3) Foreign transportation vehicles that temporarily pass through China’s territorial land, territorial waters, and airspace shall be in accordance with the agreement signed by the country to which they belong and China or the international treaty to which they are both parties. , or in accordance with the principle of reciprocity, use relevant patents in the devices and equipment of the transportation vehicle for its own needs;
(4) Exclusively for scientific research and experiments Using relevant patents;
(5) To provide information required for administrative review and approval, manufacturing, using, and importing patented drugs or patented medical devices, and specifically for It manufactures or imports patented drugs or patented medical devices.
2. How to compensate for appearance patent infringement
1. The loss or damage suffered by the patentee due to infringement The amount of compensation shall be determined based on the benefits obtained by the infringer due to the infringement;
(1) The losses suffered by the right holder due to the infringement can be based on the patentee's patented products. The total reduction in sales due to infringement is calculated by multiplying the product of the reasonable profit of each patented product. If the total reduction in sales of the right holder is difficult to determine, the total number of infringing products sold in the market is multiplied by the reasonable profit of each patented product. The accumulation of profits can be regarded as the losses suffered by the right holder due to the infringement.
(2) The benefits obtained by the infringer due to the infringement can be based on the infringing product. It is calculated by multiplying the total number of sales in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated based on the infringer's operating profits. For infringers who are solely engaged in infringement, they can be calculated based on sales Profit calculation.
2. Determine the amount of compensation reasonably with reference to 1 to 3 times of the patent license fee; the premise for the application of this method is: the loss of the infringed party or It is difficult to determine the benefits obtained by the infringer, and there are patent license fees for reference.
3. Based on the type of patent right, the nature and circumstances of the infringer's infringement, etc. Factors, the amount of compensation is generally determined between RMB 5,000 and RMB 300,000, and the maximum shall not exceed RMB 500,000. The premise for the application of this method is that it is difficult to determine the loss of the infringed party or the benefits gained by the infringer, and there is no patent license to use it. The fee can be referred to or the patent license fee is obviously unreasonable.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, in In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute an infringement of patent rights. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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