Patent Protection, The Judicial Relief

the judicial relief of patent right proteition,as an important component of double-track system of judicial and administrative prtection of patent right ,plays a major and active role in protection of patent right.The paper mainly discusses some issues which are obscure theoretically and difficult to grasp firmly in practise,such as the principle of the infringement of patent right,the confirmation of the patent right infringement and the judgement of patent compensation.The writer hold that it is not necessary to decide the subjective fault in the confirmation of the patent right infringent,while it is essential to consider the subjective mind.in regard to the judgement of the patent right infingement,it is necessary to judge the increase and decrease of the sameness on the basis of differentiation of necessary technical feature and unnecessary technical feature; in regard to the appearance design patent right,the auepted standard and the aesthetic sense of common consumer should be given prominence;in regard to the calculation of conpensation amount,the principle of rationaliey should be stressed,that is,the prevented in infringement by the patent proprietor be calculated.Therefore,the judicial practise can be guided through the theoreticaldiscussion.