What are the patent damages in China?

Patent infringement is a serious legal issue in China, involving the protection of innovation and intellectual property. Michael Xu, an experienced intellectual property lawyer with twenty years of practice, provides a detailed overview of the forms of patent infringement and related damages.

1. Forms of Patent Infringement in China

Unauthorized Manufacture, Use, Sale: Manufacturing, using, selling, or promising to sell patented products without the patent holder's permission.

Counterfeiting Patents: Forging or counterfeiting others' patents.

Importing Infringing Products: Importing products that infringe on patent rights.

Unlawful Acquisition of Patent Technology: Acquiring patent technology through improper means and using it.

2. Items of Patent Infringement Compensation

Actual Losses Compensation: Compensating the patent holder for actual losses caused by the infringement.

Infringer's Profits Compensation: Compensating based on the profits gained by the infringer from the infringement.

Reasonable Expenses Compensation: Including reasonable expenses incurred by the patent holder to stop the infringement, such as attorney fees and investigation costs.

Statutory Damages: When actual losses or infringer's profits cannot be determined, the court can award statutory damages up to RMB 5 million.

3. Expertise of Michael Xu’s Legal Team

15 Years of Specialized IP Legal Services: Extensive experience providing comprehensive solutions for patent infringement.

Professional Skills: Expertise in IP infringement investigations and claims, helping clients effectively protect their patent rights.

Successful Cases: Showcasing successful experiences in handling patent infringement cases, ensuring clients' legal rights are upheld.

Conclusion

Patent infringement is a serious issue in China, and understanding its forms and the related damages is crucial for protecting patent rights. With professional support from Michael Xu and his team, businesses and individuals can effectively handle patent infringement and ensure comprehensive protection of their intellectual property.