Study Of Compensation Related To Our Patent Infrigement

June 2001, China passed the "Supreme People's Court to hear patent disputes on the application of certain provisions of the legal issues." The provision solves patent infringement compensation in principle , but still exist many problems in practice. For example, if the patent license fee calculated in multiples of 1-3 times the amount of compensation is appropriate and how to determine the specific rate; Statutory compensation for the maximum amount of 500,000 is reasonable. Although many scholars, as China's economic development, the provisions of the 2001 national reunification 500,000 statutory maximum amount of compensation is no longer suited to the development of the status of intellectual property rights. However, these queries do not have precise data to support, mostly from a theoretical dimension.In this paper, a patent infringement damages from the basic theory to start, and in the Taiwan region, the United States, France, the system of patent infringement damages to the macro contrast, the analysis of a representative of Beijing, Shanghai, Guangzhou, Shanxi, Gansu Province, the five City of patent cases, the statistics of these five provinces and cities from 2006 to 2008 a total of 862 cases of patent infringement damages in the verdict of the relevant data, and the production of templates, Social science data using statistical software SPSS16.0 of these data analysis, focused on patent infringement damages in the application of the system, as well as issues such as compensation for distribution to explore the various provinces and cities in patent infringement damages in the different sentences and gaps. Finally, targeted to make some legislative and judicial recommendations operability. And stakeholders would like to take this caused concern, as soon as possible damages for patent infringement of our system more perfect.