Agree on the amount of compensation or the calculation method of compensation for patent infringement according to law

If the actor bears civil liabilities such as eliminating influence, restoring reputation and apologizing for violating personality rights, it should be commensurate with the specific way of the act and the scope of influence caused. If the actor refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may publish an announcement or an effective judgment document in newspapers, internet and other media, and the expenses incurred shall be borne by the actor. "

The principle of fairness should be implemented in the compensation for patent infringement damages, so that the actual losses suffered by the patentee due to infringement can be reasonably compensated. The amount of damages for patent infringement can be calculated according to the following methods:

(1) The amount of damages shall be the actual economic losses suffered by the patentee due to the infringement. The calculation method is: 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 is reduced, and the product of the total sales volume reduction multiplied by the profit income of each patented product is the actual economic loss of the patentee.

(2) Take all the profits obtained by the infringer due to infringement as the amount of compensation for losses. The calculation method is: the product of the profit obtained by the infringer from each infringing product (including products produced by others' patented methods) multiplied by the total amount sold in the market is the total profit obtained by the infringer.

(3) Take a reasonable amount not less than the patent license fee as the amount of compensation for losses. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case. If both parties agree to use other calculation methods to calculate the compensation for losses, the people's court may allow it as long as it is fair and reasonable.

Legal basis:

patent law of the people's republic of china

Article 71 The amount of compensation for infringement of a patent right shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the 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.

In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.