Foreign patent infringement cases

Compensation method for foreign-related patent infringement cases: If the parties can reach an agreement through consultation, it can be handled according to the negotiated compensation method. If negotiation fails, an administrative appeal can be made, or a lawsuit can be brought to the court, requiring the compensation obligor to pay compensation according to the amount and time specified in the decision or judgment document. Moreover, the aforementioned compensation amount is generally confirmed in the order of the loss of the obligee or the benefit obtained by the infringer and the patent license fee.

legal ground

Article 71 of the Patent Law of People's Republic of China (PRC)

The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee or the interests gained 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. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method.

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 amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc.

The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.