1, infringement judgment is not easy to do. Patent infringement requires a detailed technical comparison between the infringing product and the infringed patent to determine whether it is infringing. The main thing is to extract the technical characteristics of the infringing product to see if it falls into the claim of the infringed patent. It needs professionals to complete it. And in some cases, the defendant will directly file a request for invalidation of the infringed patent with the Patent Reexamination Board. In this way, the cost of time and capital is huge.
2. After the infringement is confirmed, it is difficult to estimate the amount of illegal income from infringement, and the compensation standard is low. Even if the infringement is established, it is difficult to calculate the defendant's illegal income from infringement when making infringement claims in the later stage.
Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC) determines the amount of compensation for patent infringement 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 grant of more than 1 10,000 yuan according to the type of patent right, the nature and circumstances of the infringement and other factors.