Patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee. The amount of compensation for patent infringement cases is mainly calculated according to the Patent Law and the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes (hereinafter referred to as the Provisions). The Patent Law stipulates the calculation method of compensation in principle, refines various calculation methods and adds a calculation method-statutory compensation. The calculation method of compensation is as follows: 1. According to the benefits obtained by the infringer due to infringement, the third paragraph of Article 20 of the Regulations stipulates: "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. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. " It should be noted here that if the infringer takes infringement as his occupation, it shall be calculated according to the sales profit. The sales profit is greater than the operating profit, which provides convenience for the infringer to calculate. 2. Calculation of losses suffered by the infringed party due to infringement Paragraph 2 of Article 20 of the Regulations: "The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of patented products obtained by the patentee due to infringement by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by 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. " This provision greatly reduces the difficulty of proof for the patentee, as long as the sales volume of the infringer is determined, and it also excludes the situation that the sales volume of the infringer has not decreased and the loss cannot be calculated. 3. Determine the amount of compensation according to the multiple of the patent license fee. Article 21 of the Regulations: "It is difficult to determine the loss of the infringed person or the benefit obtained by the infringer. If the patent license fee is referenced, the people's court may reasonably determine the amount of compensation, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, and the nature, scope and time of the patent license according to the type of patent." 4. Statutory Compensation Article 21 of the Regulations: "If the patent license fee is not referenced or is obviously unreasonable, the people's court may determine the amount of compensation according to factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, generally ranging from RMB 5,000 to RMB 300,000, and the maximum amount shall not exceed RMB 500,000."
Legal objectivity:
The amount of compensation for patent infringement in Article 71 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the 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. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.