Legal analysis: The actual loss suffered by the obligee due to infringement can be calculated according to the product of the total reduction in sales of patented products caused by infringement multiplied by the reasonable profit of each patented product.
Legal basis: Article 71 of the Patent Law of the People's Republic of China stipulates that the amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee. For intentional infringement of the patent right, if the circumstances are serious, the amount of compensation can be determined at least one time but not more than five times the amount determined according to 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 to pay compensation ranging from 3, yuan to 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, and other factors.
the amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.
in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.