The Research Of The Calculation Of Patent Infringement Compensation

With the continuous development of the knowledge-based economy, there aremore and more patent infringement cases. In cases of patent infringement, how todetermine the amounts of compensation is a big problem that we have to face. Whichis the most reasonable way to calculate the compensation is always an issue that manyscholars have to concern.Article65of Patent Law of The People’s Republic of China provide four basicway to determine the amounts of compensation and their application order, they are:1.the sum of profits lost.2.profit gain from the infringement3.multiples of patentlicense fee.4. Statutory compensation. This article provides the way to calculate thecompensation and their application order, but it has many problems. Such as, it isdifficult to calculate the loss of the rights holders and excessively use of the statutorycompensation in the judicial practice. In this paper, three cases will be argued; fromthe three cases we could see the problems of the compensation issue. First I overviewthe basic theory related to the compensation calculation area and then point out threeproblems that this article mainly talk about. They are1.how to choose the mostreasonable calculation ways.2.the problem of statutory compensation.3.How todetermine the compensation when what is patented forms a part of, or else is anelement in, or has a relation to, a larger unit. In this paper those three problems will be mainly argued.Except for the introduction section and the conclusion section, there are fourchapters in this paper.The first chapter includes three cases and the analyses of the three cases,through those three cases raised the problems that will be argued.The second chapter is about the basic theory of this area. It also includes manyattitudes of the scholars about those questions in this area. What’s more, according tothat theory I will analysis the three problems and cases.The third chapter is about the patent infringement theory of the USA and the UK.Mainly introduce the practice in the calculation of compensation area of the twocountries. And test if those theories are also applicable to our country.The forth chapter is the emphasis of this article. It is about how to promote thepatent area’s development of our country. And provide solution to the problemspointed out in the first chapter.