1. calculation of infringer's profit: the infringer's profit can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The infringer's infringement profit is generally calculated according to the infringer's business profit. For the infringer whose occupation is infringement, it can be calculated according to the sales profit. It should be noted here that if the infringer takes infringement as his occupation, it shall be calculated according to the sales profit. The sales profit is greater than the operating profit, which provides convenience for the infringer to calculate. 2. By calculating the losses suffered by the infringed, the losses suffered by the obligee due to infringement can be calculated by multiplying the total sales reduction of patented products caused by infringement by the reasonable profit of each patented product. If it is difficult to determine the total sales reduction of the right holder, 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 loss suffered by the right holder due to infringement. 3. It is difficult to determine the infringer's loss or the infringer's interest according to the calculation of several times of the patent license fee, but if there is a patent license fee to refer to, the people's court can reasonably determine the compensation amount according to the category of the patent right, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license, etc., with reference to 1 3 times of the patent license fee.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.