Patent infringement will bring bad legal consequences. Generally speaking, the legal consequences of patent infringement will be decided according to the actual situation.
First, the legal consequences of patent infringement
Patent infringement will bear the following three legal consequences:
First, bear civil liability. The obligee whose patent right has been infringed has the right to demand to stop the infringement, eliminate the influence and compensate for the losses.
Second, bear administrative responsibility.
Third, bear criminal responsibility.
Second, several ways to deal with patent infringement disputes
1. Both parties should solve the problem through consultation. Patent infringement disputes belong to civil disputes, which are settled by the parties themselves through consultation, which is conducive to calming down disputes and resolving contradictions.
2. Administrative treatment. It is an important way to realize patent protection for the competent department of patent work to deal with patent infringement disputes.
3. Judicial settlement. The so-called judicial settlement of patent disputes means that in order to effectively punish the infringement of patent rights, give appropriate relief to the obligee and maintain market order, the judicial organs give the patentee the necessary judicial relief.
4. Provisional measures before litigation. Refers to the measures taken to stop the infringement that is being or will be carried out before the lawsuit begins.
Third, the calculation of invention patent infringement compensation
1. The loss of the obligee can be calculated according to the product of the total amount of sales reduction of patented products caused by infringement multiplied by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the obligee, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the actual loss suffered by the obligee due to infringement. The formula is as follows: loss of obligee = decrease in sales of patented products (or decrease in sales of infringing products) * reasonable profit of patented products.
2. It can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement. The formula is as follows: infringer's profit = sales volume of infringing products * reasonable profit of infringing products (operating profit or sales profit).
3. It is difficult to determine the loss of the obligee or the interests of the infringer, and the patent license fee is used as a reference. The people's court may reasonably determine the amount of compensation according to the type of the patent right, the nature and circumstances of the infringement, the nature, scope and time of the patent license, and refer to the multiple of the patent license fee.
Legal objectivity:
Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).