On The Damages For Patent Infringement

Nowadays, with the development of economy, the number of intellectual property dispute increases day by day. With the deepening of reform and the opening-up, the research of the patent infringement damages system in our country has become more important. If we refine the system further, we can protect the benefit the people who have been infringed more effectively. That can inspire people to create with enthusiasm, encourage people to protect their rights by the law, when the patent rights are violated, and not worry about winning the case but losing the situation.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. All of these are divided into three parts.Partâ… : To outline a piece of case and analysis it. By analyzing the Group of Jiangsu jia Ltd. allege Jiangsu yi Machinery Co. Ltd. patent infringement action to draw the question to be discussed. This case involved many questions, such as how to determine the scope of patent protection, how to compare the characteristics between patents, how to contrast the scope of patent damages, the way of calculating the amount of patent damage. Questions we discuss here are the dispute of patent damages scope, manner and the method of calculating the amount of compensation. These are important subjects.Partâ…¡: The basic problems of patent damages. This section focus on analyzing the type of patents and the protection of the patent right scope, the concept of infringement, the scope of patent damages and the calculation method, and analysis the case mentioned at the beginning of the article. In our country, the object of patent protection includes patent of invention, appearance design patents and utility model patents. There are two steps to judge whether the establishment of patent infringement: First, to define the scope of patent protection. Second, to judge whether infringing products or methods can be included in the paper about the requirement of rights. There are many ways to pay for the infringement actions, such as to stop the infringement, compensation for losses, and the elimination of the impact. Apology as a kind of civil liability should be used with caution in this.Partâ…¢: The view of the questions causing by the case. This part focus on the analysis of the case. With the newly revised "Patent Law" passed, the statutory compensation system has been set up in China. In addition, I believe that punitive system should be established to punish the infringer, and it can make the infringer afraid.