How much can you sue for patent infringement in China?

In the Chinese market, foreign companies' patents may face various infringement activities. To protect their legitimate rights, foreign companies can seek compensation through legal channels. This article will detail the compensable items for patent infringement, the possible compensation amounts, and the professional services offered by Michael Xu's legal team.

I. Compensable Items for Patent Infringement

Direct Economic Losses

1. Sales Loss: Loss of market share and sales revenue due to the sale of infringing products.

2. Profit Loss: Reduction in profits caused by the infringement, including unrealized expected profits.

Reasonable Expenses

1. Investigation Costs: Costs incurred for patent infringement investigations, including fees for hiring professional investigation agencies.

2. Legal Fees: Fees for hiring lawyers to defend rights, including legal consultations, filing lawsuits, and litigation costs.

Other Expenses

1. Administrative Complaint Costs: Costs for filing complaints with the IP office or other relevant departments.

2. Market Recovery Costs: Expenses incurred to restore market order and brand reputation.

II. Possible Compensation Amounts for Patent Infringement

Compensation Standards

1. Actual Losses: Compensation calculated based on the actual losses suffered by the patent holder due to the infringement.

2. Infringer’s Profits: Compensation calculated based on the profits gained by the infringer from the infringement.

3. Statutory Damages: When actual losses or infringer’s profits cannot be determined, the court may award statutory damages at its discretion.

Compensation Amounts

1. Basic Amounts: According to the Patent Law, statutory damages range from RMB 100,000 to RMB 5,000,000.

2. Additional Compensation: For serious infringement cases, the court may award additional compensation above the statutory damages.

Factors Influencing Compensation Amounts

1. Nature and Circumstances of the Infringement: Including the intentionality, duration, and scope of the infringement.

2. Market Value of the Patent: The economic value and market application of the patented technology.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in patent infringement legal services in China. We are dedicated to providing comprehensive patent protection and enforcement solutions to help clients effectively safeguard their patent rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and patent experts specializing in patent infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling patent infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in patent protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex patent infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous patent infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign companies can ensure their patents are fully protected in China and receive the most professional legal support and solutions when facing patent infringement issues.