What is the standard of compensation for patent infringement?

What is the standard of compensation for patent infringement?

The standard of compensation for infringement of appearance patents has always been one of the focuses of attention in the business and legal sectors. Before exploring this issue, it is first necessary to understand what is a patent on appearance and the relevant contents of the infringement compensation standard.

Appearance patent refers to the patent protection of the appearance of a product, which usually includes the shape, pattern and color of the product. The core of an appearance patent is to protect the design of a product, so that others cannot make, use or sell a product that is identical or similar to the patented design without authorization.

When others infringe the right of appearance patent, infringement behavior need to bear the corresponding legal responsibility, including compensation for loss. Then, the appearance of the patent infringement compensation standard is how much?

First of all, according to the relevant provisions of the Patent Law of the People's Republic of China, for infringement of the patent right of design, the infringer has the right to demand the infringer to stop the infringing act, eliminate the influence, compensate for the loss and publicly apologize. The specific amount of compensation needs to be assessed according to the actual situation.

Secondly, a number of factors need to be considered in determining the standard of damages for patent infringement, such as the nature of the infringing act, the degree of infringement, and the subjective intent or objective negligence of the infringing act, etc. At the same time, the actual loss caused to the plaintiff by the infringing act and the possible loss of profits will also be considered. Meanwhile, the actual loss caused to the plaintiff by the infringement and the possible loss of interests caused by the infringement will also be considered.

In addition, factors such as the impact of the infringement on the market order and the extent of damage to the public interest caused by the infringement should also be considered. Taking all these factors into account, the court will determine the amount of damages for infringement in accordance with the actual circumstances to ensure that the infringed person will be reasonably compensated.

All in all, the standard of compensation for infringement of patent on appearance is not a fixed figure, but needs to be assessed comprehensively according to the specific situation. Enterprises should actively protect their own rights and interests in the face of appearance patent infringement, and at the same time, they should also strengthen the learning of patent law knowledge and enhance the awareness of patent protection, so as to reduce the risk of infringement and safeguard their own development.