Business Overview
★Patent litigation agency includes patent infringement, patent application right disputes, patent transfer disputes, counterfeit patents and other cases.
★Patent litigation refers to the general term of various kinds of litigation involving various kinds of litigation related to patent rights and related rights and interests conducted by the parties and other participants in the people's court.
★According to Article 11 of the Patent Law, no entity or individual may, without the permission of the patentee, exploit its patent, that is, make, use, promise to sell, sell or import its patented product for production or business purposes, or use its patented process, or use, promise to sell, sell or import the product directly obtained in accordance with the patented process. Therefore, when the patentee finds that another person has infringed his or her patent right, he or she can bring a patent infringement suit to the court.
★According to Article 68 of the Patent Law and the General Principles of the Civil Law, the limitation of action for patent infringement is two years, counting from the date on which the patentee or an interested party becomes aware or should become aware of the infringing act. Where the patentee has been informed or should have been informed before the date of grant of the patent right, it shall be counted from the date of grant of the patent right. Where the limitation of patent action is interrupted or suspended, the limitation of action shall be interrupted or suspended.
★The amount of compensation for the infringement of the patent right shall be determined according to the actual losses suffered by the right holder as a result of the infringement; If the actual loss is difficult to determine, it may be determined according to the benefits the infringer has obtained as a result of the infringement. Where it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the license fee of the patent. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringing act.