1. What is the legal compensation for patent?
The amount of legal compensation for patents is 6.5438+0 million to 6.5438+0 million yuan.
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.
Second, the calculation method of the amount of patent compensation
1, calculated according to the benefits obtained by the infringer due to infringement.
Paragraph 3 of Article 20 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes: "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. "
It should be noted here that if the infringer takes infringement as his occupation, it shall be calculated according to the sales profit. The sales profit is greater than the operating profit, which provides convenience for the infringer to calculate.
2. Calculated according to the losses suffered by the infringed party due to infringement.
Paragraph 2 of Article 20 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes: "The loss suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of patented products obtained by the patentee due to 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. "
This provision greatly reduces the difficulty of proof for the patentee, as long as the sales volume of the infringer is determined, and it also excludes the situation that the sales volume of the infringer has not decreased and the loss cannot be calculated.
3. Determine the compensation amount according to the multiple of the patent license fee.
Article 21 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes: "If it is difficult to determine the losses of the infringed or the benefits obtained by the infringer, and the patent license fee is referenced, the people's court may reasonably determine the amount of compensation, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license fee according to the category of the patent."
Anyone who infringes a patent shall be liable for damages. However, as an intangible asset, patent may not be able to determine the actual amount of loss after the dispute, so there is legal compensation. Because the amount of compensation involved in patent disputes is relatively large, such disputes will generally be appealed to the court for settlement.