How much is the general compensation for invention patent infringement?

In real life, there are many acts of infringing patent rights, and those who infringe patent rights need to bear legal responsibility. If the circumstances are serious enough to constitute a crime, they will be transferred to public security organs for criminal responsibility. How to compensate for patent infringement? The following is a small series of China Travel. Com answers relevant knowledge for readers.

What is the general compensation for patent infringement?

According to the provisions of China's patent law, the compensation for patent claims can be settled by both parties through consultation. Under normal circumstances, if actual losses are caused, compensation shall be made according to the actual losses.

Relevant laws and regulations

patent law of the people's republic of china

Article 65 The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to the 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.

If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.

The above knowledge is Bian Xiao's answer to relevant legal questions. According to the provisions of China's patent law, the compensation for patent claims can be settled by both parties through consultation. Under normal circumstances, if actual losses are caused, compensation shall be made according to the actual losses. Readers who need legal help are welcome to Hualv.com for legal consultation.