The Research On Determining The Patent Litigation In The Infringement Liability Issues

In various types of intellectual property, patent rights are the most prominent social and economic value on its inclusive technical factors. Along with highlights of the franchise value raise a lot of patent disputes, how to handle the contradiction have become the practical problems that we are facing. Patent disputes not only can be resolved through litigation, but also through non-litigation. Litigation as a means to protect human rights and the final barrier still play an irreplaceable role conduct research on the specific actions, it has an important theoretical and practical values as well.By comparing the patent right infringement civil procedure with the general civil procedure, it both involves to the legal matter and involves to the technical question, thus case processing has a stronger specialization. The correct processing patent right infringement lawsuit case, maintaining the patentee and the formidable sponsor's legitimate rights and interests, becomes in the patent protection the important topic. There have some special regulations about the lawsuit jurisdiction the litigant determining, presenting evidence the responsibility, stopping infringement, damage compensation in our country "Patent Law" and the correlation judicial interpretation, but still had some flaws in the programming and the judicial practice, waited for further consummate.The research on determining the patent litigation in the tort liability issues takes the system viewpoint as the instruction, carries on the contrast analysis by the comparison test field of vision, uses the theory to elaborate and the establishment mathematical model unified the way conducting the research. The article elaborated the patent, patent right infringement recognizing with the relief firstly, specially analyzed to determine the patent right infringement civil liability in the lawsuit which have five major characteristics: the wide object, the judicial intervention, the judge's leadership, the procedure safeguard and the strict evidence. In this foundation, it systematic analysis each kind of main body confirmation and power righteousness in patent infringement lawsuit; the patent infringement determination principle's choice , the responsibility of presenting evidence; this article has studied the patent infringement civil damage compensate principle, the scope, the amount determination...