1. The starting point for compensation for patent infringement is
1. Compensation for patent infringement The calculation is based on the patentee's infringement losses or the actor's infringement gains. If it cannot be calculated, it shall be calculated reasonably by referring to a multiple of the patent license fee. If it still cannot be calculated, the court shall decide according to the specific case circumstances and the circumstances of the patent right. Type, it is determined that compensation will be between 30,000 yuan and 5 million yuan.
2. Legal basis:
"Patent Law of the People's Republic of China" 71 Article
The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement; the loss of the right holder Or if the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by reference to a multiple of the patent license fee. For intentional infringement of patent rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method.
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 nature of the infringement. and circumstances and other factors, it is determined to award a compensation of not less than 30,000 yuan but not more than 5 million yuan.
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
2. How to determine patent infringement
Patent infringement should meet the following conditions at the same time:
1. There is an object of infringement: that is, the infringement must be a patented product or method protected by patent law. The implementation of a patent that has expired, been declared invalid or abandoned does not constitute infringement;
2. There are statutory infringements: such as manufacturing, using, selling or promising to sell, importing other people's patented products, or using other people's patented methods, using or selling , imported products directly obtained by this method;
3. For the purpose of production and business: that is, the act of implementing other people's patents for the purpose of profit. If it is specifically for the The use of relevant patented technology for scientific research and experiments, or the manufacture and use of patented products or the use of patented methods for non-profit purposes such as hobby or personal use, does not constitute patent infringement;
4. Without the permission of the patentee: If the implementation is performed with the permission or tacit consent of the patentee, it does not constitute infringement.
Patent The legal liability for infringement includes stopping the infringement, compensating for losses, eliminating the impact, making an apology, etc. After discovering patent infringement, the patentee or interested party can file a complaint with the patent management authority (i.e., provincial and municipal intellectual property offices) in accordance with the law. )Request mediation or file a lawsuit with the people's court with jurisdiction, requiring the infringer to stop the infringement and compensate for losses.
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