1. How much is the general compensation for appearance patent infringement?
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 21: "If there is no patent license fee for reference or the patent license fee is obviously unreasonable, the people's court may generally determine the amount of compensation between RMB 5,000 and RMB 300,000 according to the type of patent right, the nature and circumstances of infringement by the infringer, and the maximum amount shall not exceed RMB 500,000."
Paragraph 3 of Article 20: "The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. "
Paragraph 2 of Article 20: "The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales reduction of patented products caused by infringement by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement. "
Second, how to conduct patent evaluation?
1. The applicant shall fill in the application form for patent project evaluation and submit relevant materials as required.
2. The Municipal Intellectual Property Office shall review the format of the materials submitted by the applicant.
3. After passing the examination, it shall be evaluated by an evaluation institution with patent assets evaluation qualification.
4. The Municipal Intellectual Property Office will inform the parties of the evaluation results.
3. What are the conditions for patent authorization?
novelty
1. prior art. The existing technology is the technology that has been published before the filing date. There are three ways of technology disclosure: CD, photographic film, etc. The public disclosure of technical information refers to the disclosure of technical content by unspecified relevant public who does not undertake confidentiality obligations. The degree of disclosure shall be subject to the implementation of ordinary technicians in the field.
2. Conflict with the application. Conflict application refers to the invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. Apply first and then apply. Contradictions with the application will destroy novelty and prevent patent duplication.
It is not considered as the loss of novelty. The invention, utility model and design for which a patent is applied shall not lose its novelty in any of the following circumstances within 6 months before the date of application:
(2) Creativity
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning.
(3) Practicality
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
(4) Other conditions.
For example, the specification needs to be completely open to the patented technology.
It is illegal for the patentee to be used by others without authorization. The patentee may require the infringer to make economic compensation according to his own loss procedure, and the maximum compensation amount shall not exceed 500,000.