What is the determination of the amount of compensation for patent infringement

Legal analysis: 1, calculated according to the interests of the infringer due to infringement. 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 income of each infringing product. 2. Calculated according to the losses suffered by the infringed party due to infringement. The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income of each patented product.

Legal basis: Article 21 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases is difficult to determine the loss of the obligee or the benefit of the infringer. If there is a reference to the patent license fee, the people's court may reasonably determine the amount of compensation according to the type of the patent right, the nature and circumstances of the infringement, the nature, scope and time of the patent license, and refer to the multiple of the patent license fee. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors, in accordance with the provisions of the second paragraph of Article 65 of the Patent Law.