The Problems Of Technology Apportionment In Patent Infringement Damage Compensation

The technical apportionment rule has been found as a solution to increase the accuracy of damages.This rule determines the compensation in the total profits which are created by the patent technology,and it establishes the necessary relationship between the damages and the patentee’s contribution.There are some cases that have applied the rules of technical apportionment in the judicial practice of China.However,there are still some problems such as the unreasonable scope of application,the unclear conditions,the non-standard procedures,and the quantitative difficulties caused by the unclear analysis of the source of profit.The United States is the country where the rules of technical apportionment originated.Japan has rich theoretical research and judicial application in the rules of technical apportionment.It is suggested that we draw lessons from the theoretical doctrine and classic jurisprudence formed by the United States and Japan to expand the scope of application of technical apportionment rules,clarify the applicable conditions,standardize the application process,simplify the analysis of the source of profits,introduce patent evaluation and determine the responsibility of assuming the burden of proof according to applicable calculation methods People,so that the calculation of compensation more scientific and accurate.