Patent tort liability

Legal analysis: 1. Administrative responsibility: For patent infringement, the department in charge of patent affairs has ordered the infringer to stop the infringement, correct it and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. 2. Civil liability: 1. Stopping patent infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court. 2. Compensation for losses: the amount of compensation for patent infringement shall be determined according to the losses suffered by the patentee or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits gained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. 3. Eliminating the influence: When the infringer's infringement causes damage to the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringement to eliminate the adverse influence on the patented product. Three. Criminal responsibility In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.

Legal basis: Article 57 of the Decision of People's Republic of China (PRC) and NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) is amended as: "If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, 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). " 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 for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council. "