1, patent infringement compensation standards include:
(1) If the infringed party suffers losses due to infringement, such as loss 1 10,000, it will compensate 1 10,000;
(2) Infringement income of the infringer;
(3) according to the multiple of the patent license fee.
2. Legal basis: Article 65 of People's Republic of China (PRC) Patent Law.
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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).
Second, what is the legal liability for patent infringement?
The legal responsibilities of patent infringement include:
1, administrative responsibility. For patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, correct it and impose a fine. The department in charge of patent work may also mediate the amount of compensation for patent infringement at the request of the parties concerned;
2. Civil liability. Stop the infringement, compensate the losses and eliminate the influence;
3. Criminal responsibility. In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.