The amount of compensation for patent infringement litigation is determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to 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. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
What is the compensation standard for patent prosecution?
The way to determine the amount of compensation for patent infringement is clearly defined and divided into four levels:
The first level is determined according to the losses suffered by the patentee due to infringement.
The second level, if the loss cannot be determined, is based on the interests that the infringer has gained because of the infringement.
At the third level, if the losses and gains cannot be determined, they shall be determined reasonably according to the multiple of the patent license fee.
At the fourth level, if it is difficult to determine the losses, benefits and royalties, the compensation will be 1 10,000 to 1 10,000 yuan according to the type of the patent and the nature and circumstances of the infringement. This 1- 1 10,000 yuan is also called legal compensation.
To sum up, the compensation standard for patent prosecution is based on the specific amount of losses actually suffered by the parties. However, if there is no way to determine it because of the actual loss of the parties themselves, it should be calculated according to some benefits obtained by the infringer because of the infringement.
Legal basis:
patent law of the people's republic of china
Article 65
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. 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).