How to compensate for patent infringement
Article 60 of the Patent Law : "The amount of compensation for patent infringement shall be determined based on the losses suffered by the right holder due to the infringement or the benefits obtained by the infringer due to the infringement; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, refer to the patent license. The multiple of the fee shall be reasonably determined." This article stipulates three calculation methods for patent infringement compensation:
1. The losses suffered by the infringed party due to the infringement
2. The benefits gained by the infringer due to the infringement
3. Determine according to the multiple of the patent license fee.
Article 21 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The losses suffered by the infringer or the benefits obtained by the infringer If it is difficult to determine, and there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people's court may, based on factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, generally between RMB 5,000 and RMB 300,000. Determine the amount of compensation, which shall not exceed RMB 500,000." That is statutory compensation. Compared with trademark infringement compensation, patent infringement can be calculated as a multiple of the patent license fee. Article 20 of the High Court Regulations: “When the people’s court pursues the infringer’s liability for compensation in accordance with the provisions of Article 57, Paragraph 1 of the Patent Law, it may, at the request of the right holder, calculate the amount of the infringement based on the loss or infringement suffered by the right holder. The amount of compensation is determined by the benefits gained by the person due to infringement." The patent infringer can choose the first or second method to calculate infringement compensation. If the first and second methods cannot be calculated, you can choose to apply the third calculation method. If the third calculation method still cannot be applied, then choose the fourth calculation method. There are pros and cons to the four calculation methods. Applicable order.
WithThe above content is the relevant answer. If a patent is infringed, the compensation involved will generally be considered based on the infringement losses suffered, or the benefits obtained by the other party, or a multiple of the patent license fee. Make sure. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
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