First, how to determine the amount of patent infringement compensation?
1, according to the actual losses suffered by the obligee due to infringement.
The benefits obtained by the infringer due to infringement = the total number of infringing products sold in the market * the reasonable profit of each infringing product.
2, according to the interests of the infringer due to infringement.
Loss suffered by the obligee due to infringement = total sales reduction caused by the patentee due to infringement * reasonable profit of each patented product.
If it is difficult to determine the total sales reduction of the right holder, the loss suffered by the right holder due to infringement = the total number of infringing products sold in the market * the reasonable profit of each patented product.
3, according to the interests of the infringer due to infringement.
If it is difficult to determine the loss of the infringer or the interests of the infringer, and there is a patent license fee for reference, the people's court may reasonably determine the compensation amount by referring to 1 to 3 times of the patent license fee according to the category of the patent right, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license, etc.
4, according to the statutory compensation.
If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, according to factors such as the type of patent right, the nature and circumstances of the infringer's infringement, generally determine the amount of compensation from 5,000 yuan to 300,000 yuan, and the maximum amount shall not exceed 500,000 yuan.
Only when the first three calculation methods are unavailable can the last calculation method be used.
Second, what are the acts of patent infringement?
Article 60 of the Patent Law stipulates that if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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. Infringement of patent rights is as follows:
1, manufacturing patented products without permission;
2. Intentionally using the patented product of invention or utility model;
3. Selling or promising to sell patented products without permission;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods;
6. The act of counterfeiting others' patents;
7. The act of counterfeiting patents.