What is the calculation method for compensation for patent infringement?

The amount of compensation for patent infringement is determined based on the actual losses suffered by the right holder due to the infringement; if one party's losses cannot be determined specifically, it can be determined based on the benefits gained by the infringer due to the infringement; one party's losses and benefits gained There is no way to determine the cost of patent licensing. As for the calculation method of compensation for patent infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. What is the calculation method for compensation 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; if one party's losses cannot be determined specifically, it can be determined based on the benefits gained by the infringer due to the infringement; one party's losses and benefits gained There is no way to determine the fee for patent licensing,

2. Legal basis:

Article 65 of the "Patent Law of the People's Republic of China"

If you exploit the patent without the permission of the patentee, it will infringe the patent right and cause disputes. It shall be settled through negotiation between the parties. If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter.

2. How to determine the amount of compensation for patent infringement

To determine the amount of compensation for patent infringement, the amount of compensation for patent infringement should first be determined according to the rights holder’s reasons for being infringed. The loss suffered as a result of the infringement or the benefits gained by the infringer due to the infringement. The loss suffered by the right holder due to infringement refers to the amount of reduction in sales of the right holder's patented products or products manufactured according to the patented method due to the infringement, thus resulting in a reduction in the right holder's income; the infringer's loss due to infringement The benefits obtained from the behavior refer to the benefits obtained by the infringer from the implementation of the patent (including manufacturing, using, selling, and importing the patented products, and using the patented methods, and using, selling, and importing products directly obtained according to the patented methods). .

Hope the aboveThe 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.