Patent law

The amount of compensation for the damage caused by the infringement of the patent rights

The amount of compensation for the damage caused by the infringement of the patent right shall be assessed on the basis of the losses suffered by the patentee whose right was infringed or the profits, which the infringer has earned through the infringement. If it is difficult to determine the losses which the patentee has suffered or the profits which the infringer has earned, the amount may be assessed by reference to the appropriate multiple of the amount of the exploitation fee of that patent under contractual license. In addition, the amount of compensation for the damage shall also cover patentee’s reasonable expenses for stopping the infringement. If it is difficult to determine the losses incurred to the patentee, the gains obtained by the infringers as well as the royalty obtained for the patent, nature and particulars of the infringement, etc., decide a compensation in the sum of not less than 10,000 yuan but not more than 1 million yuan.