The compensation for infringement of an appearance patent shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to 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. According to the current law, there are five calculation methods for patent infringement compensation: 1, loss of the obligee. According to the Patent Law and Article 65 of the judicial interpretation, the loss of the obligee can be calculated by multiplying the total sales reduction caused by the infringement by the reasonable profit income of each patented product. 2. The infringer gains. According to Article 65 of the Patent Law and judicial interpretation, it can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. 3. A reasonable multiple of the license fee. According to Article 65 of the Patent Law and judicial interpretation, it is difficult to determine the loss or gain, and there is a reference license fee. According to the type of patent right, the nature and circumstances of infringement, the nature, scope and time of patent license, and referring to the multiple of patent license fee, the court reasonably determines the amount of compensation; If there is no reference or it is obviously unreasonable, the amount of compensation shall be determined in accordance with the provisions of the second paragraph of Article 65 of the Patent Law. 4. Legal compensation. According to the type of patent right, the nature and circumstances of the infringement and other factors, compensation of more than 1 10,000 yuan and less than1100,000 yuan shall be given. To sum up, the compensation fee for appearance patent infringement depends on the actual damage suffered by the obligee. It is suggested that after the appearance patent is infringed, we should take up legal weapons to safeguard our rights and interests and demand due compensation.
Legal basis: Article 63 of the Patent Law of People's Republic of China (PRC), in addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate its illegal income, and may impose a fine of less than four times its illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. The amount of compensation for patent infringement in Article 65 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee due to the infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to 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. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. 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 compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.