1. What is the calculation method for compensation for patent infringement
1. If a party's losses cannot be specifically determined, they can be determined based on the benefits obtained by the infringer due to the infringement; if there is no way to determine a party's losses, benefits obtained, and patent license fees, the People's Court may determine the damages based on the type of patent right. , the nature of the infringement or the circumstances of the infringement and other factors, it is determined that a compensation of not less than 10,000 yuan but not more than 1 million yuan will be awarded.
2. Legal basis:
"Patent Law of the People's Republic of China" 65 Article
Using the patent without the permission of the patent owner will infringe the patent right. If a dispute arises, it shall be resolved through negotiation between the parties. If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter.
2. How long is the statute of limitations for infringement of patent rights?
The statute of limitations for infringement of patent rights is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement.
1. Suing for patent infringement for more than two years is often continuous, sometimes even intermittent. If the right to file a lawsuit exceeds two years, the court shall order the defendant to stop the infringement and pay the amount of infringement damages calculated within two years before the date of filing the lawsuit. Such judgment shall be completed afterTwo prerequisites are met: the infringement is still continuing at the time of prosecution; the patent right is still valid at the time of prosecution.
2. Invention technology royalties before authorization The special feature of invention patents is the temporary protection before authorization. Since invention patents implement "early publication and substantive examination", an invention patent application will be published 18 months from the filing date. At this time, other units or individuals can completely implement the disclosed invention technology. This behavior will not be ignored before authorization. for infringement.
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