1, determined according to the actual losses suffered by the obligee due to infringement. Because the infringing products of the infringer (including products produced by other people's patented methods) are sold in the market, the sales volume of the patented products of the patentee declines, and the product of the total sales volume reduction multiplied by the profit income of each patented product is the actual loss of the patentee;
2, according to the interests of the infringer due to infringement. 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. Reasonable profit is 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;
3, refer to the multiple of the patent license fee. The "patent license fee" mentioned here refers to the ordinary patent license fee. As for the specific amount of "multiple", this law has not made specific provisions. It needs to be reasonably determined by the people's court or the department in charge of patent work according to the specific circumstances of the case, based on the principle that the actual losses suffered by the patentee due to infringement can be fully compensated and the infringer can't get any benefits from the infringement;
4. The people's court may, at its discretion, grant legal compensation. In some patent infringement cases, it is difficult to obtain enough evidence to prove the losses suffered by the obligee, the benefits gained by the infringer and the patent license fee. In this case, the people's court may, at its discretion, award the obligee compensation of 1 10,000 yuan to1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement and other factors.
The compensation standards for patent infringement are as follows:
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. 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.
To sum up, the nature and circumstances of the infringement mentioned here include the degree of subjective fault of the infringer, the means and methods of infringement used, the duration of infringement, the degree of damage caused to the obligee, etc.
Legal basis:
Article 120 of the Civil Code of People's Republic of China (PRC)
Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183
If the infringer damages himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give 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
If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.
Article 168
Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.