Legal analysis: 1. Determine the compensation amount according to the losses suffered by the patentee or the benefits gained by the infringer (1). The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of patented products obtained by the patentee due to 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. (2) 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 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. 2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee; The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, and there are patent licensing fees for reference. 3. According to the type of patent right, the nature and circumstances of the infringer's infringement and other factors, the amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan. The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, there is no patent license fee to refer to or the patent license fee is obviously unreasonable.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 16 The people's court determines that the benefits obtained by the infringer due to infringement are limited to the benefits obtained by the infringer due to patent infringement; The benefits arising from other rights shall be deducted reasonably.
Where the product infringing the patent right of invention or utility model is an integral part of another product, the people's court shall reasonably determine the amount of compensation according to the value of the part itself and its role in realizing the profit of the finished product.
If the product infringing the patent right of design is packaged, the people's court shall reasonably determine the amount of compensation according to the value of the packaging itself and its role in realizing the profit of the packaged product.