The Research On The Amount Of Chinese Patent Infringement Statutory Compensation

China’s Patent Law stipulates that there are four ways to determine the amount of infringement of patent damages: the actual losses suffered by the obligee,the interests of the infringer as a result of infringement,the reasonable times of royalty,and the judge’s discretion between 1 to 1 million yuan.The final method is also known as "statutory compensation" and can only be applied if the other three methods are not applicable.However,after researching 300 cases of patent infringement in recent years,the author found that more than 85% of the cases using statutory compensation to determine the amount of compensation.Due to the excessive range of statutory compensation,the limited reference basis of law and the lack of supporting judicial interpretation,the determination of statutory compensation amount in judicial practice is insufficient of basis and the amount of statutory compensation is unpredictable.Considering the high rate of application,the large range of amount option,and such little reference of judicial judgments,it is urgent to find a general principle of judging in the determination of the amount of compensation.By retrieving the factors of judgment mentioned in the laws and regulations and normative documents,the frequency of judging elements appearing in the statistical judgments,the author finds out the legal basis behind them,and finally sums up and refines 6 kinds of reference elements to determine the specific compensation amount within the legal range.Furthermore,the application methods of these reference elements are put forward,that is,according to the influence of these factors on determining the amount of statutory compensation,these elements are assigned to different numerical ranges.In this thesis,the author hopes to help determining the amount of statutory compensation.