On The Damages For Patent Infringement

The 65th times of the patent law stipulated the principle of patent infringement compensation and four kinds of calculation methods: according to the actual loss of the obligee for infringement, according to the infringer tortious benefit, refer to the patent licensing fees multiples, and the people's court quota compensation. So the essence of patent infringement damage compensation is what? What kind of the position about patent infringement damage compensation in patent relief system? In the calculation of the compensation amount, how to determine the patent technology of infringing products profit contribution proportion? How to prove that the infringer "infringement" and "profit" the causal relationships between? If you don't solve these problems, patent infringement cases of compensation amount in the verdict will be difficult to convince, and the development of the patent system is bound to suffer obstacles.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 four parts.Part I: Case briefly introduction—Yangzhou Cimc Tonghua Special Vehicles Co., Ltd. v. Beijing Huanda Automobile Assembly Co., Ltd patent infringement disputes. And analyse the controversy involved in the case in order to come up with the problems of the patent infringement compensation system.Part II: Patent infringement compensation principle, nature and function. Analyse the status of the infringement compensation system in the system of patent infringement relief system, and then points out that the principle of patent infringement damages is Overall compensation principle, which is also is a basic principle for patent infringement damages in china, even for the entire field of civil tort compensation. The character of patent infringement is dual, which is not only a kind of debt, but also a kind of civil liability. About the function of patent infringement damages, the orientation should not only just stood in view of obligee, but also should be given to both social public interest, and eventually promote social development.Part III: Study of patent infringement damages calculation method. This part is the key that is studied in this paper, because patent infringement compensation amount of calculation is always a problem in patent litigation. The difficulties not only include that there exists many situation which cannot apply specific of calculation methods, and include many situation that can apply specific computation formula but is difficult to precision. This part through the analysis for the four calculation methods of patent law, points out the main problems existing in various calculation methods: First, whether the infringing products on the market sales "as" sales of patentee loss is reasonable? Second, how to prove the causal relationships between "infringement" and "profit"? Third, referring to multiples of patent licensing fees to determine the compensation, how to grasp "reasonable"? Finally, in applying legal compensation shall pay attention to what problem?Part IV: Put forward some suggestions to perfect our country's current patent infringement compensation system. The first is to suggest introducing market value method to determine the compensation amount, and has discussed the rationality and operability of market value method. The second is to suggest introducing punitive compensation under the condition of the malicious infringement. Not only can improve the enthusiasm of maintenance rights holder, but also can curb tort happen again effectively.