Decision of the Supreme People's Court on Amending Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases (20 15)

1. Paragraph 2 of Article 5 is amended as: "The place of infringement includes: the place where the product accused of infringing the patent right of invention or utility model is manufactured, used, promised to be sold, sold or imported; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above infringement occurred. " 2. Paragraph 1 of Article 8 is amended as: "If a patent infringement lawsuit is filed against a utility model patent whose filing date is before 2009 10 (excluding that date), the plaintiff may issue a search report made by the patent administration department of the State Council; Where a patent infringement lawsuit is filed against a utility model or design patent whose filing date is after 10, the plaintiff may issue a patent evaluation report made by the patent administration department of the State Council. The people's court may require the plaintiff to submit a search report or a patent evaluation report according to the needs of the trial. If the plaintiff fails to submit it without justifiable reasons, the people's court may rule to suspend the lawsuit or order the plaintiff to bear the possible adverse consequences. " 3. Paragraph 1 of Article 9 is amended as: "(1) The search report or patent evaluation report issued by the plaintiff has not found the reasons that lead to the invalidation of the patent right for utility model or design;" 4. Article 17 is amended as: "The term" the scope of protection of the patent right for invention or utility model is subject to the contents of the patent claim, and the description and drawings can be used to explain the contents of the patent claim "as mentioned in the first paragraph of Article 59 of the Patent Law means that the scope of protection of the patent right is subject to all technical features recorded in the patent claim, including those equivalent to the technical features.

"Equivalent features refer to the realization of basically the same functions and effects as the recorded technical features by basically the same means, and ordinary technicians in this field can think of the characteristics of the alleged infringement without creative labor." V. Article 18 is amended as: "If the patent infringement occurred before July 1 2006, the provisions of the Patent Law before the amendment shall be applied to determine civil liability; If it happens after July 1 2006, the provisions of the revised Patent Law shall apply to determine civil liability. " 6. Article 19 is amended as: "The people's court may determine its civil liability in accordance with Article 63 of the Patent Law. If the administrative department for patent affairs refuses to impose administrative punishment, the people's court may impose civil sanctions in accordance with the provisions of the third paragraph of Article 134 of the General Principles of the Civil Law, and the applicable amount of civil fines may be determined with reference to the provisions of Article 63 of the Patent Law. " 7. Delete the first paragraph of Article 20 and change the second paragraph into the first paragraph, which is amended as: "The actual loss suffered by the obligee due to infringement as stipulated in Article 65 of the Patent Law can be calculated by multiplying the total sales reduction of patented products caused by infringement by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit income of each patented product can be regarded as the actual loss suffered by the right holder due to infringement. "

The third paragraph is changed to the second paragraph, which is amended as: "The benefits obtained by the infringer due to infringement as stipulated in Article 65 of the Patent Law 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. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. " 8. Article 21 is amended as: "If it is difficult to determine the loss of the obligee or the interests of the infringer, and the patent license fee is referenced, the people's court may reasonably determine the compensation amount by referring to the multiple of the patent license fee according to the type of the patent right, the nature and circumstances of the infringement, the nature, scope and time of the patent license, etc. ; If there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors, in accordance with the provisions of paragraph 2 of Article 65 of the Patent Law. " Nine. Article 22 is amended as: "If the obligee claims to have paid a reasonable fee to stop the infringement, the people's court may calculate the amount of compensation beyond the amount determined in Article 65 of the Patent Law." 10. Article 24 is amended as: "The sales promise mentioned in Articles 11 and 69 of the Patent Law refers to the expression of intention to sell goods through advertisements, window displays or trade fairs and exhibitions."

"Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases" shall be amended and re-promulgated according to this decision.