1. The compensation for infringement of the design patent shall be determined 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. The specific criteria are as follows:
(1) 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 of each infringing product;
(2) The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and for the infringer who is completely engaged in infringement, it can be calculated according to the sales profit;
(3) The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of patented products reduced by the patentee due to infringement by the reasonable profit of each patented product;
(4) 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.
2. Legal basis: Article 66 of People's Republic of China (PRC) Patent Law.
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.
Second, what legal responsibilities should patent infringement bear?
Patent infringement shall bear the following legal responsibilities:
1, civil legal liability, need for compensation, stop infringement, eliminate influence, etc. ;
2, administrative legal responsibility, if the infringement is established, stop the infringement, order it to correct, and impose an administrative fine;
3, criminal legal responsibility, if it constitutes a criminal offence, you need to bear the corresponding criminal legal responsibility.