1, calculated according to the benefits obtained by the infringer due to infringement. The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit income of each infringing product. 2. Calculated according to the losses suffered by the infringed party due to infringement. The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income of each patented product. 3. Determine the compensation amount according to the multiple of the patent license fee. If it is difficult to determine the loss of the infringed or the interests of the infringer, and there is a patent license fee for reference, the people's court may, according to the type of patent right, the nature and circumstances of the infringer's infringement; The amount of the patent license fee, the nature, scope and time of the patent license, etc., and the compensation amount shall be reasonably determined with reference to 1 to 3 times of the patent license fee. 4. Legal compensation. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, at its discretion, determine the amount of compensation according to the category of the patent right and the nature and circumstances of the infringement by the infringer, with the maximum amount not exceeding RMB 3 million.
Legal objectivity:
The amount of compensation for patent infringement in Article 65 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee due to the infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained 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. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.