What is the responsibility for patent infringement?

Patent infringement refers to the manufacture, use, sale or import of products with patent marks within the scope of patent protection without the permission of the patentee, or the unauthorized implementation of patent enforcement activities when others have applied for patents. In China, the punishment for patent infringement is mainly reflected in the Patent Law of People's Republic of China (PRC) and its related supporting regulations.

According to the provisions of the Patent Law of People's Republic of China (PRC), the patentee may request to stop the infringement, eliminate the influence and compensate the economic losses. Among them, compensation for economic losses is the most important one, because it is directly related to the economic interests of infringers and patentees. The responsibilities of the infringer include: compensation for losses, payment of infringing profits, payment of severance pay, etc.

First of all, the infringer should be liable for economic losses. Article 65 of the Patent Law of People's Republic of China (PRC) stipulates that "the act of manufacturing, using, promising to sell, selling or importing the patent right without the permission of the patentee constitutes an infringement of the patent right, and the infringement shall be stopped, the influence shall be eliminated and the losses shall be compensated". The so-called "compensation for losses" refers to the economic losses suffered by the infringed party due to infringement, including the loss of actual interests and the loss of reasonable expenses. Compensation for all or part of the economic losses caused by patent infringement is an important means for the patent system to protect patent rights and maintain market fairness.

Secondly, the infringer should bear the responsibility of paying the infringing profits. Article 65 of the Patent Law of People's Republic of China (PRC) stipulates: "Whoever manufactures, uses, promises to sell, sells or imports his patent right without the permission of the patentee, which constitutes infringement of the patent right, shall stop the infringement, eliminate the influence, compensate the losses and pay the infringing profits." The so-called "paying infringement profits" refers to the compensation method adopted in the process of patent infringement to protect the interests of the patentee and make up for the unjust enrichment obtained by the infringer. This kind of compensation is mainly the relief for the direct or indirect interests obtained in the infringement.

Finally, the infringer should bear the responsibility of paying severance payment. According to Article 65 of the Patent Law of People's Republic of China (PRC), "during the patent term, if the patentee requests to stop the infringement, he may require the infringer to pay an appropriate fee". The so-called "appropriate expenses" refers to the reasonable expenses that must be paid to safeguard their own rights and interests. Such expenses mainly include attorney's fees, legal fees, notarization fees and other direct expenses to help infringers find their legitimate rights and interests in infringement.

To sum up, the liability for patent infringement includes compensation for losses, payment of infringing profits, payment of severance payment and other legal liabilities. Through economic sanctions and remedial measures against infringers, the purpose of protecting patent rights and maintaining market fairness can be achieved.