The Supreme People's Court recently issued the Decision of the Supreme People's Court on Revising the Several Provisions of the Supreme People's Court on Issues Concerning the Application of the Law in the Trial of Patent Disputes (hereinafter the “Decision”), which entered into force on February 1st, 2015. 

The Decision revised Article 20.1 and Article 20.2 of the Several Provisions of the Supreme People's Court on Issues Concerning the Application of the Law to read (as the new Article 20.1) “The actual loss suffered by a patentee as a result of the infringement as specified in Article 65 of the Patent Law may be calculated by using the total number of the patentee's patented products by which the sales volume was reduced due to the infringement multiplied by a reasonable amount of profit for each patented product. Where the total number of the patentee's patented products by which the sales volume was reduced is difficult to be determine, the product of the total number of infringing products sold on the market multiplied by a reasonable amount of profit for each patented product may be deemed the actual loss suffered by the patentee as a result of the infringement.” The revised Interpretations also clarified, among others, the definition of the place where infringement takes place.

(Source: Supreme People's Court)