The penalties for patent infringement include: civil compensation for the loss of the obligee, administrative cessation of infringement, confiscation of illegal income, and fines. If a crime is constituted, criminal responsibility shall be investigated according to law. The amount of compensation shall be determined according to the actual losses suffered by the obligee due to infringement or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee.
Legal objectivity:
patent law of the people's republic of china
Article 71
The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to infringement;
If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method.
If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc.
The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.