What is the meaning of damages for patent infringement?

Patent rights are the patentee's exclusive right to utilize his inventions and creations. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee. What are the implications of damages for patent infringement? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

The meaning of damages for patent infringement What

Patent infringement damages are Refers to the civil liability for compensation for losses caused by an actor's conduct of patent infringement to others.

Patent infringement damages usually include three meanings:

First of all, it refers to the issue between the right holder and the perpetrator A relationship of rights and obligations, that is, when the Patent rights enjoyed by citizens, legal persons and other civil subjects in accordance with the law are illegally infringed by others and suffer property losses or damage to spiritual interests, the right holder has the right to request compensation, and the infringer is responsible for compensation. civil legal relationship of obligations. This legal relationship is also called a debt for damages for patent infringement.

Secondly, it refers to an important intellectual property Legal system, namely patent infringement damages system. According to the provisions of intellectual property laws, any subject, whether a citizen or legal person, that infringes upon the patent rights enjoyed by others and causes damage to the right holder must be compensated.

Thirdly, it is a specific form of civil liability stipulated in the law. When a wrongdoer infringes upon the patent rights enjoyed by others And cause damage, that is, there is an obligation to compensate. However, if the infringer fails to fulfill the obligation to compensate, the right holder has the right to file a civil lawsuit and force him to bear civil liability to compensate for the loss through a judgment of the People's Court.

Article 65 of the "Patent Law" The amount of compensation for infringement of patent rights shall be based on the right holder's The actual loss suffered by the infringement is determined; 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 it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be determined by reference to a multiple of the patent license fee. Determine. The amount of compensation should also include the reasonable expenses paid by the obligee 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 award of 10,000 yuan based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation of more than one million yuan.

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