1. Take the actual economic loss suffered by the patentee due to infringement as the compensation amount. This method is generally used when the patented product market is relatively stable and the sales volume is stable or rising.
2. All the profits obtained by the infringer due to the infringement shall be used as the amount of compensation for losses. This method is generally used when the patentee and his permitted assignee have not put the patented product on the market.
3, with a reasonable amount of not less than the patent license fee as the amount of damages. This method is generally adopted when the patentee does not put the patented product on the market and the infringer does not profit from the production and sale of infringing products.
The above three calculation methods formulated by the Supreme People's Court are based on the plaintiff's loss, the defendant's profit and the patentee's technology transfer fee. In addition to the above three methods, the parties may also agree to use other calculation methods to calculate the amount of damages on a fair and reasonable basis.