What is the calculation method of remuneration for using and selling other people's knowledge products without the authorization of the patentee? Pray for God! ! !

Article 60 of the Patent Law of People's Republic of China (PRC) stipulates that the amount of compensation for patent infringement shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the infringer or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. Due to the lack of operability, it is difficult to simply apply this provision in judicial practice. On July 1 day, 2006, the Supreme People's Court issued "Several Provisions on Applicable Legal Issues in the Trial of Patent Disputes" (hereinafter referred to as "Provisions"). The Supreme People's Court has stipulated the following calculation methods in the Regulations.

1, and the amount of compensation is determined by the losses suffered by the patentee or the benefits gained by the infringer due to infringement;

(1) 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. 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) 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. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement.

2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee; The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, and there are patent licensing fees for reference.

3. According to the type of patent right, the nature and circumstances of the infringer's infringement and other factors, the amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan. The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, there is no patent license fee to refer to or the patent license fee is obviously unreasonable.