What are the compensation provisions for patent disputes in 2023?

The amount of compensation for patent infringement is generally calculated based on the losses caused or the benefits gained by the infringer due to the infringement; if it is difficult to determine, it shall be reasonably determined by referring to a multiple of the patent license fee; if the license fee is difficult to determine, it will be awarded below 5 million to 5 million depending on the circumstances of the infringement. compensation. Regarding the questions about the compensation provisions for patent disputes, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the compensation provisions for patent disputes

1. Infringement of other people’s patents If the right is violated, the infringer shall be liable for compensation, and the amount of compensation shall be calculated as follows:

(1). The amount of compensation shall be based on the actual damages suffered by the right holder due to the infringement. The loss or the benefit obtained by the infringer due to the infringement is difficult to determine;

(2) If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, refer to the patent The multiple of the license fee is reasonably determined;

(3) 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 The court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan based on the type of patent right, the nature and circumstances of the infringement, and other factors.

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

2. How to provide relief when a patent is infringed

When a patent right is infringed, there are two options: sue in the People's Court or request the Patent Office to handle it.

Before choosing judicial protection and administrative protection, you should first understand the difference between the two:

1. When the patent management agency handles patent infringement, although it has the right to order the infringer to stop the infringement and compensate for losses, this handling is not final. As long as one of the parties is dissatisfied (it may be the patentee or the is the alleged infringer), he may file a lawsuit in court within three months from the date of receiving the processing notice from the Patent Office. Only when both parties accept the decision of the Patent Office or within the prescribed time limitIf a lawsuit is not brought to court within the litigation period, the decision will be considered legally effective; the court's judgment on patent infringement is final and no other agency can change this judgment.

2. The Patent Office has limited remedies and can only order the infringer to stop infringement and compensate for losses; while the court can exercise all civil remedies stipulated in the Civil Code means.

3. Administrative processing has the advantage of being proactive, simple, fast and efficient; while the court implements "no complaint, no response", and the parties must do a good job Prepare before filing a lawsuit, otherwise you will face the embarrassment of insufficient evidence.

According to the provisions of the Patent Law, the amount of compensation for patent infringement is generally calculated based on the losses caused or the benefits gained by the infringer due to the infringement; if it is difficult to determine, It is reasonably determined by referring to the multiple of the patent license fee; the license fee is difficult to determine, and compensation of less than 5 million to 5 million will be given depending on the infringement situation. 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.