my country’s current patent law was issued in 2008 and does not provide for punitive damages. The punitive viewpoint was only raised in the 2012 revision of the Patent Law (Draft for Comment), but whether this viewpoint can be formed into legislation is still controversial. The current provisions of the Patent Law are as follows:
1. The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the amount gained by the infringer due to the infringement. Benefits determined. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
2. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of damages to be awarded based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation ranging from RMB 10,000 to RMB 1 million.