The loss of the obligee can be calculated according to the product of the total sales reduction of patented products caused by infringement multiplied by the reasonable profit income of each patented product. If it is difficult to determine the total number of sales reduced by the obligee, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the actual loss suffered by the obligee due to infringement.
Expressed by the following formula:
Loss of obligee = decrease in sales of patented products (or decrease in sales of infringing products) * reasonable profit of patented products.
The total number of infringing products sold in the market can be regarded as the total number of sales reduced by the obligee. In other words, every time an infringing product is sold, it can be considered that the sales of the patented product of the right holder will be reduced by one.
2, the infringer profit
It can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit income of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement. Expressed by the following formula:
Infringer's profit = sales volume of infringing products * reasonable profit of infringing products (operating profit or sales profit)
Among them, sales profit = sales revenue-sales cost-sales expenses-tax surcharge, and operating profit = sales profit-management expenses-financial expenses.
3, a reasonable multiple of the license fee
If it is difficult to determine the loss of the obligee or the interests of the infringer, and there is a patent license fee for reference, the people's court may reasonably determine the compensation amount by referring to the multiple of the patent license fee according to the type of patent right, the nature and circumstances of the infringement, the nature, scope and time of patent license, etc. 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.
Legal basis:
Article 65 of the Patent Law determines the amount of compensation for infringement of the patent right 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. 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.