The Civil Code stipulates that compensation for appearance patent infringement is: determined based on the actual losses suffered by the right holder due to the infringement or the benefits obtained by the infringer due to the infringement; the losses of the right holder or the benefits obtained by the infringer are difficult to If it is determined, it shall be reasonably determined with reference to the multiple of the patent license fee. For intentional infringement of patent rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method.
Legal Basis
Article 71 of the Patent Law of the People's Republic of China
The amount of compensation for infringement of patent rights shall be based on the The actual losses suffered by the infringement or the benefits obtained by the infringer due to the infringement shall be determined; if it is difficult to determine the losses suffered by the right holder or the benefits obtained by the infringer, they shall be reasonably determined with reference to the multiple of the patent license fee. For intentional infringement of patent rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method.
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 the award of 30,000 yuan based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation of more than 5 million yuan and less than 5 million yuan. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.