Infringement of appearance patent

In this case, I suggest you ask the court to add the producer as the defendant. In this case, the court will investigate how much is produced, how much is sold, and the responsibilities of both parties. If the transaction is really made at 100 yuan, it is estimated that the compensation awarded will not be too much.

In addition, the reasonable part of various expenses is generally paid by the losing party.

Article 65 of the Patent Law determines the amount of compensation for infringement of the patent right 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 shall also include the reasonable expenses paid by the obligee 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 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.

In addition, Article 70 stipulates that anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product. If you can prove that you really don't know this, it also has certain significance. Do you need to prove that you asked or agreed to the patent of the manufacturer?