Patent Infringement Damages Issues

When patents are infringed by illegal acts, how to protect them with law, to getscientific and reasonable results, this issue, whether in China or in worldwide is a hot anddifficult issue. Development of China’s patent law only20years of time, the patent systemis not perfect, in order to meet the WTO, integrate the Trips Agreement gradually, toenhance the country’s capability of independent innovation, building an innovative country,and enhancing our status in the worldwide but also to enhance the protection of the rightholders, the patent law has been revised three times. At this point, the patent law providesfor actual loss of the rights of people, the illegal profits of the infringer, the multiples ofroyalties as well as the statutory compensation four calculation of damages compensation,patent infringement damages system is maturing. However, there is still a lot of problemsin patent infringement damages system, such as the law is too principled, operability is notstrong, four calculation methods of the law gives judges greater discretion. In specificcases, rights are not guaranteed. In this context, referring foreign law and practices haspractical significance for the establishment of the patent damages system.In this paper start from the basic theoretical issues of patent damages, to make a briefintroduction of our patent damages legal system, and starting from the point of view of thelaw and practice to analysis actual loss of the rights holders, the illegal profits of theinfringer, royalties multiples of four calculation of damages and statutory compensationand pointed out the problems in the application of this methods. At the same time, Iintroduced patent damages system of the United States, the United Kingdom, Japan, andmake a in-depth study of the patent system, so we can improve China’s patent system.Finally study some t legislative provisions from the other countries, to learn some judicialdamages calculation method, combined with the actual situation of our country to exploreinnovative practices in the judicial practice, to enhance lawyers and patent evaluationcompany’s position in the litigation, from various aspects to improve our system of patentdamages.