Research On The Determination Method Of Patent Infringement Damage Compensation Amount

It has been rather difficult in the judicial practice all the time to determine theamount of damage compensation for patent infringement. There are four methods todetermine the amount of damage compensation for patent infringement, which aredetermined by the loss profits of the patentee, the benefits obtained by the infringer,the reasonable patent licensing fees and statutory compensation. Relevant law andjudicial interpretation of the rules are too rigid in our country. Judges mainly usestatutory compensations to determine the amount of damage compensation，due tothe fact that the former three determination methods can hardly be operated. Thereforeit is of important significance to further improve the system of compensation forpatent infringement and seek a better protection for the obligee’s interests to exploremore pertinent and scientific methods to determine the amount of damagecompensation for patent infringement.This article is divided into three chapters. Chapter One starts with an illustrationof the principle and the scope for determining the amount of damage compensationfor patent infringement and then lays a foundation of the causal relationship’s rangeand the determining factors in the four methods for determining the amount ofdamage compensation for patent infringement. In Chapter Two，the methods fordetermining the amount of damages for patent infringement are concretely suggested.For each of the four kinds of methods，not only the required factors for embodimentare analyzed，but also the methods for quantifying the amount of damages for patentinfringement are demonstrated and relevant details which needs to be paid attention towhen quantifying are figured out. In Chapter Three，the legislative and judicial statusin this aspect in our country is generalized firstly and secondly problems of the statusquo in practice are analyzed. Finally, based on these analyses，suggestions are raisedon how to embody the method to determine the specific amount of damagecompensation for each patent infringement.