How to compensate for counterfeiting someone else’s patent in 2023

If someone counterfeits someone else's Patent, the infringer shall bear the liability for compensation, and the amount of compensation shall be determined based on the actual losses or the benefits obtained by the infringer due to the infringement; if it is difficult to determine the profits and losses, it shall be reasonably determined by reference to a multiple of the patent license fee. ; If the license fee is difficult to determine, compensation of not less than 30,000 yuan but not more than 5 million yuan will be given based on the circumstances of the infringement. Regarding the issue of how to compensate for counterfeiting someone else’s patent, the editor of Legal Savior Network will give you a detailed answer below.

1. How to compensate for counterfeiting other people’s patents

1. Counterfeiting other people’s patents The infringer shall bear the liability for compensation, and the amount of compensation shall be determined according to the following circumstances:

(1). The amount of compensation shall be based on the rights holder’s compensation for the infringement. The actual losses suffered or the benefits gained by the infringer due to the infringement are difficult to determine;

(2) If it is difficult to determine the losses suffered by the right holder or the benefits gained by the infringer, Reasonably determined with reference to the multiple of the patent license fee;

(3), the loss of the right holder, the benefits obtained by the infringer and the patent license fee are difficult to determine , the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan based on factors such as the type of patent right, the nature and circumstances of the infringement.

2. Legal basis: Article 71 of the "Patent Law of the People's Republic of China"

2. How to identify patent counterfeiting

(1 ) Mark a patent logo on a product or its packaging that has not been granted a patent right, continue to mark a product or its packaging with a patent logo after the patent right has been declared invalid or terminated, or mark someone else’s product or product packaging without permission Patent No.

(2) Selling the products mentioned in item (1).

(3) In product manuals and other materials, technologies or designs that have not been granted patent rights are called patented technologies or patented designs, and patent applications are called patents. , or use someone else’s patent number without permission, causing the public toThe technology or design involved is mistaken for patented technology or patented design.

(4) Forging or altering patent certificates, patent documents or patent application documents.

(5) Other behaviors that confuse the public and mistake unpatented technology or designs for patented technologies or patented designs.

According to the provisions of the Patent Law, if someone counterfeits another person’s patent, the infringer shall bear the liability for compensation, and the amount of compensation shall be based on the actual loss or the infringer’s The benefits obtained from infringement shall be determined; if it is difficult to determine the profits and losses, they shall be reasonably determined by reference to a multiple of the patent license fee; if the license fee is difficult to determine, a compensation of not less than RMB 30,000 but not more than RMB 5 million shall be given based on the circumstances of the infringement. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.