Legal analysis: According to Article 2 1 of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Patent Dispute Cases of 200 1 the Supreme People's Court, if it is difficult to determine the losses of the infringed or the benefits gained by the infringer, and there is a patent license fee for reference, the people's court may make a decision according to the type of patent, the nature and circumstances of the infringer's infringement, the amount of patent license fee, the nature, scope and time of patent license, etc. The reason why the multiple is at least higher than 1 multiple is that the license fee is generally lower than the income obtained by the licensee from patent implementation. A normal patent licensing contract usually has a win-win nature. Both parties to a licensing contract can benefit from patent exploitation. It is impossible to require the licensee to hand over all the benefits obtained from patent exploitation to the patentee, otherwise it is meaningless for the licensee to agree to conclude a license contract. Therefore, if only the license fee of 1 times is used as the amount of infringement compensation, it will violate the principle that the illegal profits of the infringer can be used as the amount of compensation, which is tantamount to encouraging infringement. When applying the above provisions, in addition to the elements such as' the loss of the infringer or the interests of the infringer are difficult to determine' and' there is a patent license fee for reference', we should also consider the types of patent rights, the nature and circumstances of the infringer's infringement, the amount of patent license fee, the nature, scope and time of patent license, and other factors, instead of simply multiplying the amount of patent license fee by 1~3 times.
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.