Legal analysis: Damages for patent infringement refer to the civil liability of an actor who causes damage to others by committing patent infringement behavior and should bear the civil liability to compensate for the loss.
Patent infringement damages usually include three meanings:
First, it refers to a rights and obligations relationship between the right holder and the infringer, that is, citizens, legal persons and other A civil legal relationship in which a patent right enjoyed by a civil subject in accordance with the law is illegally infringed upon by others and suffers property losses or damage to spiritual interests, the obligee has the right to request compensation, and the infringer has the obligation to compensate. This legal relationship is also called a debt for damages for patent infringement.
Secondly, it refers to an important intellectual property legal system, namely the patent infringement damage compensation system. According to the provisions of intellectual property laws, any subject, whether a citizen or legal person, that infringes upon the patent rights enjoyed by others and causes damage to the right holder must be compensated.
Thirdly, it is a specific form of civil liability stipulated by law. When a wrongdoer infringes upon the patent rights enjoyed by others and causes damage, he is obliged to compensate. However, if the offender fails to fulfill his obligation to compensate, the right holder has the right to file a civil lawsuit and force him to bear civil liability for compensation through a People's Court judgment.
Legal basis: "Patent Law of the People's Republic of China" Article 60 The amount of compensation for infringement of patent rights shall be based on the losses suffered by the right holder due to the infringement or the gains gained by the infringer due to the infringement. Determination of interests; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they shall be reasonably determined by reference to a multiple of the patent license fee.