1. This is the simplest and most direct compensation method. Because the infringement of one's own design patent right will definitely cause certain losses to one's own products, such as unsalable sales, such as the inability to continue production and so on. These losses can be calculated as the total compensation of the infringer.
But when calculating the amount, you must produce evidence, which can be your usual sales, or the number of overstocked goods multiplied by the price, etc. , and shall not falsely report the price or conceal the real situation.
Second, compensate according to the actual income of the infringer.
1. Although the first method is very direct, it may be difficult to implement in the actual operation process, because after they infringe their own products, the specific losses can sometimes not be calculated, and there is no way to estimate how much losses they have caused.
2. At this time, another compensation method is needed, that is, compensation is made according to the illegal income of infringement. Because the infringer infringes on the design for profit, how much profit a * * * has gained from the date of infringement to the occurrence of the case can be used as damages to the patentee.
Third, according to the patent license fee.
1. After the patentee has applied for a patent, it is possible to dispose of the patent, such as using it for himself or allowing others to use it. These rights can be exercised at will, but when others are allowed to use them, they need to charge a certain fee, and the patent license fee can become the compensation standard after infringement.
2. Generally speaking, it means that the patent time use fee is multiplied by one to three times as the final compensation amount. This is to punish the infringer for using others' patents without obtaining a patent license and paying the patent license fee.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph. Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, 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 finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he 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 lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).