It’s not easy to fight. The reasons are as follows (taking domestic patent infringement as an example):
1: It is not easy to determine infringement. Patent infringement requires a detailed technical comparison between the infringing product and the infringed patent to determine whether it is infringed. The main thing is to extract the technical features of the infringing products to see if they fall into the claims of the infringed patent. It requires professional personnel to complete. And in some cases, the defendant will directly submit a request for invalidation of the infringed patent to the Patent Reexamination Board. In this way, the time cost and capital cost are huge.
2: After the infringement is determined, the amount of illegal gains from the infringement is difficult to estimate, and the compensation standard is low. Even if the infringement is determined to be established, it will be difficult to calculate the defendant's illegal gains from the infringement when making subsequent infringement claims.
Article 65 of the "Patent Law" stipulates: The amount of compensation for infringement of patent rights shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the actual losses suffered by the infringer due to the infringement. The benefits obtained are determined. 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. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. 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 may determine to award more than 10,000 yuan based on factors such as the type of patent right, the nature and circumstances of the infringement.
Compensation of less than one million yuan. In infringement disputes between small and medium-sized companies, most compensation amounts are relatively low. This is related to the imperfect IP departments and systems of small and medium-sized companies as well as the gold content of their products.
Finally: Although it is difficult to defend rights in domestic infringement cases, it has been greatly improved compared with the past. Intellectual property courts have been established in various places. In recent years, more and more high-profile cases have been tried, and fairness has been increasingly recognized. It is recommended that the majority of rights holders should strictly deal with infringement incidents and not give the infringer any opportunity to take advantage of them. I also believe that China’s intellectual property system will become more and more perfect, and the interests of rights holders will be protected to the maximum extent.