Civil legal responsibilities include stopping the infringement, compensating for losses, eliminating the influence and apologizing.
In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.
Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.
In order to stop patent infringement, the patentee or interested party may apply to the people's court for evidence preservation before prosecution in the case that the evidence may be lost or difficult to obtain later.
legal ground
patent law of the people's republic of china
Article 71 The amount of compensation for infringement of a patent right shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the 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.
In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. Article 74 The limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer.
If the patentee fails to pay an appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.