What are the legal liabilities for patent infringement?

What should you do when you suddenly find out one day that the patent you applied for has been infringed by someone else? At this time, you should sue him; then, the question is, what does the legal liability for patent infringement include? Regarding the above questions, the editor of Hualv has summarized relevant knowledge for you for your reference. I hope it can help you.

What are the legal liabilities for patent infringement

The legal liabilities that patent infringers should bear include civil liability, administrative liability and criminal liability.

1. Administrative responsibilities

For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. The patent management department shall, at the request of the parties, also It is possible to mediate on the amount of compensation for patent infringement.

2. Civil Liability

1. Stop infringement means that the patent infringer shall According to the decision of the patent management department or the judgment of the people's court, the ongoing patent infringement behavior shall be stopped immediately.

2. Compensate for losses.

The amount of compensation for patent infringement shall be determined based on the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; the losses suffered by the infringed party Or if the benefits obtained by the infringer are difficult to determine, they can be reasonably determined by referring to a multiple of the patent license fee.

3. Eliminate the impact.

When an infringer commits infringement and causes damage to the goodwill of a patented product in the market, the infringer should use appropriate methodsBear the legal responsibility for eliminating the impact and admit your infringement behavior to eliminate the adverse impact on patented products.

3. Criminal liability

In accordance with the provisions of the patent law and criminal law, counterfeiting other people’s patents, If the circumstances are serious, the person directly responsible should be held criminally responsible.

Hua Lu editor reminds you that according to relevant laws, the legal liabilities that patent infringers should bear include civil liability, administrative liability and criminal liability. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.