Punishment standard of utility model patent infringement in 2023

Legal subjectivity:

1. The amount of compensation shall be determined according to the losses suffered by the patentee due to infringement or the benefits gained by the infringer due to infringement. 2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee. 3. According to the type of patent right, the nature and circumstances of the infringer's infringement and other factors, the amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan.

Legal objectivity:

The amount of compensation for patent infringement in Article 71 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.