1. The patent is transferable, so the value of the patent is usually evaluated before the transfer. Patent evaluation refers to the act of confirming, evaluating and reporting the patent right according to specific purposes, following fair and legal standards and procedures, and providing value scale for asset business.
2. The statutory asset appraisal service with piecework charge can charge the appraisal fee according to the original book value of the appraised assets, and adopt the method of progressive calculation of the difference rate, that is, divide the charging levels according to the original book value of the appraised assets, calculate the charging amount in different files, and add all files to form the total appraisal fee.
legal ground
patent law of the people's republic of china
Article 66 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.
Article 67 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.
Article 68 Anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than five times his illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.