Patent Law
Article 70: Using, offering for sale or selling for the purpose of production and business operations a patent-infringing product that is not known to have been manufactured and sold without the permission of the patentee can If the product is proven to be of legal origin, it will not be liable for compensation.
Article 65 The amount of compensation for infringement of patent rights shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine to award 10,000 yuan based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation of more than one million yuan and less than one million yuan.