Punitive damages in patent law are damages that are not based on actual losses. If the amount of damages is calculated according to the infringer's interest memory, it is usually the product of the total market sales multiplied by each commodity. It is not difficult to see that the punishment for infringers is still very severe. Even if some people don't infringe all the goods when using them, they should bear the corresponding compensation. If the enterprise has no professionals in this field to consult, it is recommended to find a lawyer to measure whether it can be reused. Otherwise, another severe punishment is to deal with it in multiples of the use fee. This situation is usually used in the part where the first two are not good at evaluating compensation, so compensation can only be made according to this part. We all know that if we want to use a patent, we need to apply to the patentee. After the two parties reach an agreement, they will pay the patentee some fees and agree on the use period. Usually, the compensation for infringing use is more than three times the normal cost, and it can't be used after compensation. If you want to continue to use it, you need to apply to the patentee, which means that compensation is only for your previous behavior. If you want to continue to use it in the future, you need to pay again. In particular, enterprises have committed infringement without knowing or knowing, which has brought huge losses to enterprises. Therefore, no matter what purpose they want to use the goods for, they should comprehensively consider the current situation of the market. If there is no charging standard to refer to, the court will make an evaluation according to the characteristics and categories of patents and the actual situation of infringement, and then make a judgment, which will generally trigger compensation of more than 5,000 yuan and less than 300,000 yuan. This is mainly based on the trial of the case, according to the particularity of the matter to make different judgments, the highest is not more than 500 thousand yuan.
Legal objectivity:
The provisions of the patent law on compensation for patent infringement damages legal patents are protected by the state, but at present many people infringe some patent rights for the benefit. Then, in order to let everyone know more about the legal issues related to the determination of patent infringement, Article 118 of the General Principles of the Civil Law stipulates that citizens whose patent rights have been infringed have the right to request to stop the infringement, eliminate the influence and compensate for the losses. Article 4 of the Supreme People's Court's Answers to Several Questions in the Trial of Patent Disputes stipulates that the compensation for patent infringement damages should implement the principle of fairness, so that the actual losses suffered by the patentee due to infringement can be reasonable. Article 118 of the General Principles of the Civil Law stipulates that citizens whose patent rights have been infringed have the right to demand to stop the infringement, eliminate the influence and compensate for the losses. Article 4 of the Supreme People's Court's Answers to Several Questions in the Trial of Patent Disputes stipulates that the compensation for patent infringement damages should implement the principle of fairness, so that the actual losses suffered by the patentee due to infringement can be reasonably compensated. Article 118 of the General Principles of the Civil Law stipulates that if a citizen's patent right is infringed, he "has the right to demand to stop the infringement, eliminate the influence and compensate for the losses." Article 4 of the Supreme People's Court's Answers to Several Questions in the Trial of Patent Disputes stipulates: "The compensation for patent infringement damages shall implement the principle of fairness, so that the actual losses suffered by the patentee due to infringement can be reasonably compensated. The amount of damages for patent infringement can be calculated according to the following methods: (1) The actual economic losses suffered by the patentee due to infringement shall be taken as the amount of damages. The calculation method is: because the infringing products of the infringer (including products produced by other people's patented methods) are sold in the market, the sales volume of the patented products of the patentee is reduced, and the product of the total sales volume reduction multiplied by the profit income of each patented product is the actual economic loss of the patentee. (2) Take all the profits obtained by the infringer due to infringement as the amount of compensation for losses. The calculation method is: the product of the profit obtained by the infringer from each infringing product (including products produced by others' patented methods) multiplied by the total amount sold in the market is the total profit obtained by the infringer. (3) Take a reasonable amount not less than the patent license fee as the amount of compensation for losses. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case. If both parties agree to use other calculation methods to calculate the compensation for losses, the people's court may allow it as long as it is fair and reasonable.