【Introduction of the patent law amended in October 29, 2011 (6)】
16. The amendment of the related of the patent infringement
According to the patentee’s right for civil relief, the regulation with respect to the right of compensation of infringement damages and the prevention of anticipated infringement are clarified. For the patentee to claim the damages of patent infringement, the infringer’s intentional or negligent act is considered as necessary. The methods of calculating damages are revised to be calculated based on a reasonable royalty to clarify define the bottom line that the infringed patentee should be compensated, and to properly relieve the unnecessary duty of proof that the patentee should prove. For purpose of clarifying the regulations of patent markings, the regulations that no patent marking made excludes from patent protection has been eliminated.
(Amended Article 96 to 98)
17. The amendment of coherent planning for the utility models patent
It adds the regulation for a situation where an invention patent application and a utility model patent application are filed on the same date by the same applicant for the same creation, the applicant shall make a selection prior to the allowance of the invention patent application. If the applicant selects the invention patent, the utility model patent shall be deemed never being existing from a very beginning, and on the contrary, if the applicant selects the utility model patent, the invention patent application shall not be allowed. It also adds the regulation with clear wordings that a utility model application shall not be allowed if an amendment of a utility model patent application obviously goes beyond the scope of the disclosure in the originally filed application. Moreover, the responsibility for which the patentee of utility model patent shall be liable is amended. A correction of a utility model patent that it shall be subject to formality examination, however, it shall be subject to substantive examination and a combined decision shall be made when the application thereof combined with the case of invalidation action. (Amended Article 32, 112,117 and 118)
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