1, patent infringement, the amount of compensation is generally determined according to the actual losses suffered by the infringed;
2. If the loss of patent infringement cannot be determined, it shall be determined according to the profits of the infringer;
3, patent infringement can not determine the profits of the infringer, both parties can sue to the court to determine the amount of compensation.
What are the types of patent infringement?
1, manufacturing patented products without permission;
2. Intentionally using the patented product of invention or utility model;
3. Selling or promising to sell patented products without permission;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods;
6. The act of counterfeiting others' patents;
7. The act of counterfeiting patents.
Legal basis: Article 182nd of the Civil Code of People's Republic of China (PRC).
If property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed or the interests obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.