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Right that grants a patent

Right that grants a patent

The holder whose patent right is injured may, in particular, request:

a) The cessation of acts that violate their right, or their prohibition if they have not yet occurred.

b) Compensation for the damages suffered.

c) The seizure of the objects produced or imported in violation of their right and of the means exclusively destined for such production or the performance of the patented procedure.

d) Attribution in property of the objects or means seized by virtue of the provisions of the previous section whenever possible, in which case the value of the affected goods shall be imputed to the amount of compensation for damages. If the mentioned value exceeds the amount of compensation granted, the patent owner must compensate the other party for the excess.

e) The adoption of the necessary measures to prevent further infringement of the patent and, in particular, the transformation of the objects or means attached by virtue of the provisions of paragraph c), or their destruction when necessary to prevent Patent infringement.

f) Exceptionally, the judicial body may also, at the request of the patent holder, order the publication of the conviction of the patent infringer, at the expense of the convicted person, by means of announcements and notifications to interested persons.