Infringement proceedings

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1、 The type of patent litigation

1. Patent administrative cases, namely, administrative cases with the Patent Reexamination Board or Patent Bureau as a defendant;

2. Patent infringement cases, namely cases with the patentee or interested party instituting legal proceedings to patent tort-feasor;

3. Patent ownership dispute cases, namely cases with the two parties having disputes to the attribution of a patent right or a patent application right as the plaintiff and defendant respectively;

4. Patent contract dispute cases, namely, cases with the two parties having disputes to the patent contact as the plaintiff and defendant respectively;

5. Other cases of patent disputes, including implementing compulsory license use fee disputes, fee disputes of using invention, utility model or design after patent application is published and before patent right grant.

2、 Organizations accepting patent infringement litigations

1. People’s Court;

2. Patent administrative departments.

3、 Parities of patent infringement litigations

1. Plaintiff (petitioner):

(1) Patentee;

(2) Interested parties

2. Defendant (Requested person) :

Direct tortfeasor .

Indirect tortfeasor can be classified as a joint defendant.

4、Civil liability of patent infringement

1. Stop the infringement;

2. Compensate for losses;

Legal damages can be calculated as follows:

① Take the actual economic loss suffered by the patentee due to infringement as the amount of compensation;

② Take the profits obtained by the infringer due to infringement as the amount of compensation;

③ Take a reasonable amount not less than the patent license use fee as the amount of compensation.

3. Eliminate effects.

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