Analysis Of The Amount Of Damages For Patent Infringement Issues

The65th times of the patent law stipulated the principle of patent infringement compensation and four kinds of calculation methods:according to the actual loss of the oblige for infringement, according to the infringer tortious benefit, refer to the patent licensing fees multiples, and the people’s court quota compensation. The Provision solves Patent infringement Pensation Principles, but still exist many Problems in Practice.This article draws out some questions about current patent infringement damage compensate system in our country by analyzing a piece of case, and propose the reasonable construction about patent infringement damage compensate system.This article is divided into four chapters, Starting from basic theories such as the definition,scope and nature of Patent infringement damages and Principle of imputation.Chapter Ⅱ:Case briefly introduction.. And analyse the controversy involved in the case in order to come up with the problems of the patent infringement compensation system.Part Ⅲ From comparative law aspects of this article is to introduce United States law, Japan, Germany, and England, by legislation and judicial practice on patent infringement damages, and then to the Germany, Japan and England United States, patent infringement damages calculation method to comparative studies, analysis of its advantages and disadvantages, as a reference for accurate calculation method of Chinese construction.Last article by domestic and foreign patent infringement damages calculation methods comparison, on the improvement of patent infringement damages calculation method made several recommendations and observations, proposed to loss of rights holders should be reduced when calculating the compensation standard of proof of causation, introducing concepts of price erosion and margin of profit; Infringer to profit contribution of distinction should be patented when calculating the compensation; being clear all elements of influencing judges to determine licensing fees; Legal and judicial interpretation in China should refine the scope of the statutory compensation; Introducing the principle of punitive damages, establish a standard for willful infringement, to calculation method of perfecting China’s patent infringement damages, it is useful to explore the judicial practice.