What are the provisions for damages for patent infringement?

The reason why an infringer bears legal liability is that he has violated the rules clearly stipulated by the law, that is, among other legal reasons, he should obtain the patentee's permission to exploit the patent of others. What are the damages compensation companies for patent infringement? Please follow the editor of Legal Savior Network to learn more below.

What are the provisions for damages for patent infringement

Damages for patent infringement should be implemented The principle of justice enables the patentee to receive reasonable compensation for actual losses suffered due to infringement.

The amount of compensation for patent infringement can be Calculated according to the following method:

(1) Based on patent rights The actual economic losses suffered by a person due to infringement shall be regarded as the amount of loss compensation.

The calculation method is: due to the infringement of the infringing product ( (including products produced using other people's patented methods) are sold in the market and the sales volume of the patentee's patented products decreases. The total reduction in sales multiplied by the profit of each patented product is the patentee's actual Economic losses.

(2) All profits obtained by the infringer from the infringement shall be used as the amount of loss compensation.

The calculation method is: the infringer earns from each infringing product (including products produced using other people’s patented methods) The product of the profit multiplied by the total number of sales on the market is the total profit earned by the infringer.

(3) A reasonable amount of no less than the patent license fee shall be used as the amount of loss compensation.

For the above three calculation methods, the people's court can choose to apply them according to the different circumstances of the case.

If the parties agree to use other calculation methods to calculate the amount of compensation, as long as it is fair and reasonable, the people's court may Permitted.

"Patent Law" 65 Article 1 The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits obtained by the infringer due to the infringement. It is difficult to determine the losses of the right holder or the benefits obtained by the infringer. shall be reasonably determined by reference to a multiple of the patent license fee. The amount of compensation shall also include the 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 decide based on the type of patent right,Depending on factors such as the nature and circumstances of the infringement, compensation of not less than RMB 10,000 but not more than RMB 1 million will be determined.

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