How to identify the infringement of design patent? How to calculate the compensation amount?

No matter what kind of patent is targeted at, unauthorized use without the consent of the patentee may constitute infringement. However, for different types of patents, the specific operation is different when determining infringement. Today, I mainly want to know how to identify the design patent infringement. How to calculate the compensation amount? How to identify the infringement of design patent? Generally speaking, if the design patent is valid and the annual fee is paid on time, then the patent is valid. As long as the products produced by the defendant are similar in appearance to the appended drawings (six pictures) of the design patent certificate, they can be regarded as infringement. The defendant's general countermeasure is: (1) file a patent invalidation defense within the defense period, then the court of first instance will suspend the trial. Both the original defendant and the defendant need to go to the Patent Reexamination Board of the State Intellectual Property Office for litigation to determine the validity of the patent, and the Patent Reexamination Board of the State Intellectual Property Office will make a decision. The court of first instance resumed the trial after receiving the written decision. These are two patent lawsuits. (2) The defendant will argue that his prior use constitutes infringement, because the patent law stipulates that prior use does not constitute infringement. How to calculate the amount of compensation for design patent infringement? 1, determined according to the actual losses suffered by the obligee due to infringement. The calculation formula of this method is: the total sales reduction caused by infringement by the patentee multiplied by the profit of each patented product. 2, according to the interests of the infringer due to infringement. The general calculation formula of this method is: the total sales of infringing products multiplied by the reasonable profit of each product. 3, refer to the multiple of the patent license fee. As for the number of times not stipulated in the Patent Law, according to the provisions of the judicial interpretation of the Supreme Court on the trial of patent disputes (Fa Shi 200 1 No.2 1), it is determined to be1to 3 times. 4. Legal compensation amount. The patent law stipulates that the upper limit is 6,543,800 yuan and the lower limit is 6,543,800 yuan. How to identify the infringement of design patent? How to calculate the compensation amount? Bian Xiao answered this question here. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.