Research On The Application Of Compensation Value Of Patent Infringement Damage

In recent years, under the impetus of the national innovation strategy, knowledge economy has been paid more and more attention. Intellectual property is appearing in our life more frequently. What is more, the amount of the patents applied and granted is greatly increasing, which runs well. However, this trend is followed by more and more patent litigation. There exists several problems such as the high proportion of the statutory damages, regional protectionism and large compensation gap in the affirmation of the damage compensation in the patent infringement. Therefore, the research on the amounts of the patents infringement damage compensation has an important meaning to whether the pure theoretic study or judicial practice.This article began with elaborating the theory of patent damage compensation, including the scope and the imputation principle and four major methods in the affirmation of illegal patent damage compensation. The rules and practices in the patent right infringement damage compensation valuation abroad were described in detail. I introduced the evaluation system---Panduit test in the United States in particular. And then, I explored the existing problems in evaluating patent damage compensation in our country. After combining our nation’s conditions and modifying the calculating methods, I put the method into the calculation of patent damage compensation in a specific example in our country. While test conditions were proposed to relax appropriately and the punitive principle was used, we calculated the amount of compensation in the case of patent damage of W company, taking consideration of the inherent cost and inherent loss. At the same time, I pointed out that when the conditions did not meet the Panduit test so as to adopt the way of licensing fee and the law calculating the damage compensation, the weight coefficient method can be used more reasonably to determine the payment. By studying the specific cases, several suggestions are put forward to help construct and perfect the evaluation system in patent right infringement damage compensation in our country.