Patent infringement damages are determined according to the right holder’s actual loss or the infringer’s benefit; if difficult to determine, by reasonable reference to a multiple of the patent license fee. For intentional infringement under serious circumstances, damages may be one to five times the amount determined by those methods.

If all such amounts are difficult to determine, the court may award between RMB 30,000 and RMB 5 million according to the patent type and the nature and circumstances of the infringement.

Damages also include reasonable expenses incurred to stop the infringement.