Patent litigation costs

Calculation Methods for Patent Infringement Compensation Amounts and Litigation Costs

Calculation Methods for Patent Infringement Compensation Amounts

Losses Suffered by the Right Holder Due to Infringement: It is calculated by multiplying the total reduction in the sales volume of the patentee's patented products caused by the infringement by the reasonable profit per patented product. If it is difficult to determine the total reduction in the sales volume of the right holder, the product of the total number of infringing products sold in the market and the reasonable profit per patented product can be regarded as the losses suffered by the right holder due to the infringement.

Benefits Obtained by the Infringer Through Infringement: It is calculated by multiplying the total number of the infringing products sold in the market by the reasonable profit per infringing product. Generally, the benefits obtained by the infringer through infringement are calculated based on the operating profit of the infringer. For an infringer who engages entirely in infringement as a business, it can be calculated based on the sales profit.

Reasonably Determined with Reference to Multiples of Patent Licensing Royalties: Provided that it is difficult to determine the losses of the infringed person or the benefits obtained by the infringer and there are patent licensing royalties available for reference, the people's court can reasonably determine the compensation amount by referring to 1 to 3 times the patent licensing royalties, taking into account factors such as the category of the patent, the nature and circumstances of the infringer's infringement, the amount of the patent licensing royalties, and the nature, scope, and time of the patent license.

Statutory Compensation: When it is difficult to determine the losses of the right holder, the benefits obtained by the infringer, and the patent licensing royalties, the people's court can determine the compensation amount to be between 30,000 yuan and 5 million yuan, taking into account factors such as the type of the patent and the nature and circumstances of the infringing act. The compensation amount shall also include the reasonable expenses paid by the right holder to stop the infringement.

Punitive Compensation: For intentional patent infringement with serious circumstances, the compensation amount can be determined to be 1 to 5 times the amount determined according to the above methods. This base amount does not include the reasonable expenses paid by the plaintiff to stop the infringement.

Patent litigation costs

Calculation Methods for Patent Infringement Litigation Costs

Filing Fees: They are paid in installments according to the following proportions based on the amount or value of the litigation claims:

For claims not exceeding 10,000 yuan, 50 yuan shall be paid for each case;

For the part exceeding 10,000 yuan but not exceeding 100,000 yuan, 2.5% shall be paid;

For the part exceeding 100,000 yuan but not exceeding 200,000 yuan, 2% shall be paid;

For the part exceeding 200,000 yuan but not exceeding 500,000 yuan, 1.5% shall be paid;

For the part exceeding 500,000 yuan but not exceeding 1,000,000 yuan, 1% shall be paid;

For the part exceeding 1,000,000 yuan but not exceeding 2,000,000 yuan, 0.9% shall be paid;

For the part exceeding 2,000,000 yuan but not exceeding 5,000,000 yuan, 0.8% shall be paid;

For the part exceeding 5,000,000 yuan but not exceeding 10,000,000 yuan, 0.7% shall be paid;

For the part exceeding 10,000,000 yuan but not exceeding 20,000,000 yuan, 0.6% shall be paid;

For the part exceeding 20,000,000 yuan, 0.5% shall be paid.

In addition, in patent infringement litigation, there may also be costs such as attorney fees, evidence collection, and appraisal fees. Attorney fees vary depending on regions, attorneys' experience, and the complexity of cases.