How much is the patent infringement compensation?
The way to determine the amount of compensation for patent infringement is clearly defined and divided into four levels: the first level is determined according to the losses suffered by the patentee due to infringement. The second level, if the loss cannot be determined, is based on the interests that the infringer has gained because of the infringement. At the third level, if the losses and gains cannot be determined, they shall be determined reasonably according to the multiple of the patent license fee. At the fourth level, if it is difficult to determine the losses, benefits and royalties, the compensation will be 1 10,000 to 1 10,000 yuan according to the type of the patent and the nature and circumstances of the infringement. This 1- 1 10,000 yuan is also called legal compensation. Before the amendment of the patent law in 2009, the upper limit of this amount was 500,000 yuan.