1, the actual loss of the obligee, the loss suffered by the obligee due to infringement = the product of the total sales volume of patented products reduced by the patentee × the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the obligee, it is the product of the total number of infringing products sold in the market × the reasonable profit of each patented product.
2, the infringer's illegal income, the infringer's interests due to infringement = the product of the total number of infringing products in the market × the reasonable profit income of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement.
3. Statutory compensation. If it is difficult to determine the loss of the obligee or the benefit of the infringer, and there is a patent license fee for reference, the court may reasonably determine the compensation amount by referring to 1 to 3 times of the patent license fee according to the type of patent right, the nature and circumstances of the infringer's infringement, the amount of patent license fee, the nature, scope and time of patent license, etc. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the court will generally determine the compensation amount of 5,000 yuan to 300,000 yuan according to the type of patent right, the nature and circumstances of infringement, and the maximum amount will not exceed 500,000 yuan.
4. Reasonable expenses. The "reasonable expenses" paid to stop the infringement generally include: attorney fees: in practice, attorney fees have not been fully compensated. Generally speaking, the lawyer's fee paid is determined according to the ratio of the amount of compensation determined by the judgment to the amount of litigation. If the judgment does not bear the liability for damages, but it is ordered to stop the civil liability such as infringement and apology, the general compensation is not higher than that of the lawyer 1/3.