Legal analysis
In case of patent infringement, the patentee may claim compensation from the infringer. China's patent law stipulates that the amount of compensation for patent infringement shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the infringer or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. This article stipulates three calculation methods of patent infringement compensation: 1, losses suffered by the infringed, gains gained by the infringer due to infringement, and multiples of patent license fee. 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 compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement. If a patent is infringed, you can warn others by filing a patent. There are two ways to deal with patent infringement. One is how the patentee infringes upon others, and the other is how the patentee is infringed upon by others. If someone infringes a patent, it can be resolved through patent declaration and negotiation. If the negotiation conditions cannot be met, you can defend your rights through legal means and ask the other party to compensate the corresponding losses.
legal ground
Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC). Article 60 is renumbered as Article 65 and amended as: "The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to 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. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. " 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 as 1 10,000 yuan or more1100,000 yuan or less according to factors such as the type of patent right, the nature and circumstances of the infringement. "