Will the use of peaceful elites infringe on rights?

The patent infringement compensation dispute is very professional and needs clear thinking.

First, the types of patent infringement must be determined. Generally, there are the following types of patent infringement:

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 counterfeiting others' patents;

Two, how to prove that the patent is infringed, need to prove the following items:

1, the proprietary patent is a valid patent in China;

2, the infringer's behavior must be without the permission or authorization of the patentee;

3, the infringer's behavior must be for the purpose of production and operation. Whether the actor has subjective intention is not a formal requirement.

Three, the calculation method of the amount of patent infringement compensation

First, according to the actual loss. The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement. The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income of each patented product. If it is difficult to determine the total sales reduction of the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement.

Two, the actual loss is difficult to determine, can be determined according to the interests of the infringer due to infringement. The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit income of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the infringer's business profit, and for the infringer whose occupation is infringement, it can be calculated according to the sales profit.

3. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined with reference to the multiple of the patent license fee. The people's court may reasonably determine the amount of compensation by referring to 1 to 3 times of the patent license fee according to the type of patent right, the nature and circumstances of infringement by the infringer, the amount of patent license fee, and the nature, scope and time of patent license.

4. If it is difficult to determine the loss of the obligee, the interests of the infringer and the patent license fee, the people's court may determine the compensation 1 10,000 or more1100,000 or less according to the type of patent right and the nature and circumstances of the infringement.