Determination of the amount of compensation for patent infringement

To determine the amount of compensation for patent infringement, first of all, it should be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement. The loss suffered by the obligee due to infringement refers to the amount that the sales volume of the patented product of the obligee or the product manufactured according to the patented method is reduced due to infringement, resulting in the decrease of the obligee's income; The benefits obtained by the infringer due to infringement refer to the benefits obtained by the infringer due to the implementation of the patent (including the manufacture, use, sale and import of patented products, the use of patented methods and the use, sale and import of products directly obtained according to patented methods).

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This determines the amount of compensation for patent infringement:

1, and the amount of compensation is determined by the losses suffered by the patentee or the benefits gained by the infringer due to infringement;

2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee;

3. According to the type of patent right, the nature and circumstances of the infringer's infringement and other factors, the amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan.

legal ground

Article 65 of the Patent Law of People's Republic of China (PRC)

The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.