The Research Of Calculating Factors About Compensation To Damages Of Patents Torts

How to acquire compensation to accuser when his patents were tort? It is always a difficult problem in nowadays court practice. The calculating method of composition to patent tort in operating patent law is not so perfect to fix the accurate loss quantity and the illegal income to deal with cases. And when the loser suffered damages and sued to court, it may be a difficult thing to make damages fulfilled, and also not enough to frighten the defendants. It is meaningful to make the principle of composition clear, find factors which can affect the results and even obtain a scientific calculating method, which will make the patent legal protection much more fair, legal, efficient, effective and powerful.Combining with lots of cases in reality, this article starts with the basic theories of legal principle of compensation to damage of patent torts, integrates the contrasts TRIPS, the USA law, the Japanese law, and the Germany law and so on with present Chinese patent law, and finds factors which can and how much affect the quantity of compensation to damage of patent tort, on the basic of which, the author myself find a brand-new way to calculate the quantity of compensation to patent torts. Then bring some suggestions which may do good to operating patent law. And it is also hopeful that this article can attract more people to pay close attention to this difficult problem, so maybe a more perfect method would throw to light, and then promote the development of economy and trade of society.