How to determine the amount of compensation for patent infringement

Legal analysis: the amount of compensation for patent infringement should be determined according to the losses suffered by the obligee or the interests gained by the infringer. 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).

Legal basis: Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases.

Article 21. If it is difficult to determine the loss of the infringer or the benefit of the infringer, and there is no patent license fee to refer to, or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation between 5,000 yuan and 300,000 yuan according to the type of patent right, the nature and circumstances of the infringer's infringement, and the maximum amount shall not exceed 500,000 yuan. When the people's court investigates the infringer's liability for compensation in accordance with the first paragraph of Article 57 of the Patent Law, it may determine the amount of compensation according to the losses suffered by the obligee or the benefits gained by the infringer due to infringement. The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by 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. The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income of each patented product. If it is difficult to determine the total sales reduction of the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement.

Article 21. If it is difficult to determine the loss of the infringer or the interests of the infringer, and there is a patent license fee for reference, the people's court may reasonably determine the compensation amount by referring to 1 to 3 times of the patent license fee according to the category of the patent right, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license, etc.