Article 20 When the people's court investigates the infringer's liability for compensation in accordance with the first paragraph of Article 57 of the Patent Law, it may determine the amount of compensation according to the losses suffered by the obligee or the benefits gained by the infringer.
The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income 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.
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 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.
Article 21. If it is difficult to determine the loss of the infringer 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 1 to 3 times of the patent license fee 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. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, according to factors such as the type of patent right, the nature and circumstances of the infringer's infringement, generally determine the amount of compensation from 5,000 yuan to 300,000 yuan, and the maximum amount shall not exceed 500,000 yuan.
Article 22 The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation.
Article 23 The limitation of action for patent infringement shall be two years, counting from the date when the patentee or interested party knows or should know about the infringement. If the obligee has sued for more than two years, and the infringement is still going on at the time of prosecution, the people's court shall order the defendant to stop the infringement within the validity period of the patent right, and the amount of infringement damages shall be calculated within two years from the date when the obligee files a lawsuit with the people's court.