The amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan. There are three compensation methods:
1, and the amount of compensation is determined by the losses suffered by the patentee or the benefits gained by the infringer due to infringement;
2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee;
3. Determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringer's infringement and other factors.
How to determine the amount of patent infringement compensation?
(1) The actual economic losses suffered by the patentee due to infringement shall be taken as compensation for losses. Calculation method: The sales volume of patented products of the patentee is reduced due to the sales of infringing products (including products produced by other people's patented methods) in the market. The product of the total sales volume reduction multiplied by the profit of each patented product is the actual economic loss of the patentee.
(2) Take all the profits obtained by the infringer due to infringement as the amount of damages. Calculation method: The product of the profit obtained by the infringer from each infringing product (including products produced by others' patented methods) multiplied by the total amount sold in the market is the total profit obtained by the infringer.
(3) Take a reasonable amount lower than the patent license fee as the amount of compensation for losses.
Legal basis:
Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
The amount of compensation for patent infringement in Article 71 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the 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. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. 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 amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.