Legal analysis: the amount of infringement compensation in the patent law is determined according to the actual loss 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 both are difficult to determine, it can be reasonably determined by referring to the multiple of the patent license fee.
Legal basis: Article 65 of the Patent Law of the People's Republic of China, if the patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs decides that the infringement is established, it may order the infringer to stop the infringement immediately. If the party concerned refuses to accept the decision, it may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.