According to the provisions of China's Patent Law, the amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If it is difficult to determine the actual loss, it may be determined according to the interests obtained by the infringer as a result of the infringement. 1、 Where the actual loss is determined: according to Article 20 of the Several Provisions of the Supreme People's Court on the Application of Law in the Trial of Patent Dispute Cases, when the people's court investigates the infringer's liability for compensation in accordance with the provisions of Paragraph 1, Article 57 of the Patent Law, it may, at the request of the obligee, The amount of compensation shall be determined according to the losses suffered by the obligee due to the infringement or the benefits obtained by the infringer due to the infringement. According to Paragraph 1, Article 65 of the Patent Law of the People's Republic of China, the amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement. 2、 Where it is difficult to determine the benefits obtained: according to the relevant provisions of Article 21 of the Several Provisions of the Supreme People's Court on the Application of Law in the Trial of Patent Dispute Cases, the losses of the infringee or the benefits obtained by the infringer are difficult to determine, and there is a basis for the patent licensing fee, the people's court may, according to the category 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 and other factors shall reasonably determine the amount of compensation according to 1 to 3 times of the patent license fee. Where there is no basis for the patent licensing fee or the patent licensing fee is obviously unreasonable, the people's court may determine the amount of compensation, generally between 5000 yuan and 300000 yuan, based on such factors as the category of the patent right, the nature and circumstances of the infringer's infringement, and the maximum amount shall not exceed 500000 yuan. According to Paragraph 1, Article 65 of the Patent Law of the People's Republic of China, if the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. Where it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined according 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. Then let's extend this issue to the following: the principle of liability fixation for patent infringement: according to the provisions of Paragraph 2 of Article 63 of the Patent Law, only when the sales or users meet the "don't know" and "the source is legitimate" can they be exempted from liability for compensation, but it still constitutes an infringement, and they should bear the responsibility to stop the infringement and eliminate the impact. That is to say, for bona fide sales or users, the principle of no fault liability applies to cessation of infringement and elimination of influence, and the principle of fault liability applies to compensation. However, the application scope of this mixing principle cannot extend to the act of manufacturing or importing patented products. Fault is not a constituent element of patent infringement. When determining the tort liability of the actor, no fault liability applies to the cessation of tort liability, while the liability for compensation for losses applies to fault liability and no fault liability according to different occasions. Different imputation principles can be applied to the same patent infringement to determine different civil liabilities, which should be more reasonable than the traditional theory. According to Article 58 of the Patent Law, "if a crime is constituted, criminal responsibility shall be investigated in accordance with the law." It can be seen that although patent infringement is mainly subject to civil sanctions, sometimes criminal sanctions are also required.