What is the basis for determining the amount of damages for patent infringement?

The amount of compensation is usually determined based on the actual losses caused by the infringement to the patentee or the infringer's illegal profits. If the actual losses and profits cannot be determined, the compensation can be determined as a reasonable multiple of the patent license fee. .

1. What is the basis for determining the amount of damages for patent infringement?

1. The amount of compensation for patent infringement is determined based on the actual losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement;

2. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee.

3. For intentional infringement of patent rights and the circumstances are serious, the amount of compensation may be determined between one time and five times the amount determined according to the above method.

4. 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 can determine the right owner's loss based on the type of patent right and the infringement behavior. Based on factors such as the nature and circumstances of the crime, it is determined that a compensation of not less than 30,000 yuan but not more than 5 million yuan will be awarded.

5. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

2. What are the behaviors that infringe patent rights?

1. The act of manufacturing patented products without permission;

2. The act of intentionally using invention or utility model patented products;

3. The act of selling or promising to sell unlicensed patented products;

4. Using patented methods and using or selling , the act of promising to sell products directly obtained according to patented methods;

5. The act of importing patented products or importing products directly obtained according to patented methods;

6. The act of counterfeiting other people’s patents;

7. The act of passing off patents.

3. What conditions must be met for a patent infringement damages agreement to be valid?

strong>

(1) The perpetrator has corresponding civil capacity;

(2) ) means true meaning;

(3) Does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

4. Can I apply for compulsory enforcement if I do not implement the patent infringement damages agreement?

Can apply, apply The following conditions need to be met for compulsory execution by the court:

1. The legal document applying for compulsory execution has taken effect.

;">2. The person applying for execution is the obligee or his heir or right bearer determined by the effective legal document.

3. The person applying for execution is within the legal period Submit an application.

4. The obligor fails to perform his obligations within the time limit specified in the effective legal document.

;">5. The legal document applied for execution contains payment content, and the execution subject and the person to be executed are clear.

[Warm Tips]The above is the content summarized by the editor of Legal Savior Network. This is based on the experience of current issues. Courts in different regions have subtle differences in trial standards. You must choose a professional lawyer to handle the case. Click on Quick Consultation to have a consultation with the lawyer. Communicate legal claims one-on-one and safeguard your legitimate rights and interests.