2. Take all the profits obtained by the infringer due to infringement as compensation for losses, that is, the product of the profits obtained by the infringer from each infringing product multiplied by the total amount sold in the market.
3. Take a reasonable amount not less than the patent license fee as the amount of compensation for losses. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case.
If both parties agree to use other calculation methods to calculate the compensation for losses, the people's court may allow it as long as it is fair and reasonable.
Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC) determines the amount of compensation for patent infringement 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. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.