Analysis Of The Amount Of Damages For Design 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 oblige for infringement, according to the infringer tortious benefit, refer to the patent licensing fees multiples, and the people’s court quota compensation. The Provision solves Patent infringement Pensation Principles, but still exist many Problems in Practice.This article draws out some questions about current patent infringement damage compensate system in our country by analyzing tow piece of cases, and propose the reasonable construction about patent infringement damage compensate system.This article is divided into four chapters, Starting from basic theories such as the definition,scope and nature of Patent infringement damages and Principle of imputation.Chapter Ⅱ:Case briefly introduction。And analyse the controversy involved in the case in order to come up with the problems of the patent infringement compensation system.Part Ⅲ From comparative law aspects of this article is to introduce Japan and United States about t he contribution of theoretical and applicable patentpatent infringement damages.Last article by domestic and foreign patent infringement damages calculation methods comparison, on the improvement of patent infringement damages calculation method made several recommendations and observations.first of all:Market value based method, technology-sharing law, supplemented;The second:Increase the infringer’s burden of proof; The third:When using the infringer profit calculation method, increase profits the infringer does not provide material adverse considerations weights; Fourth, strict restrictions apply statutory damages; fifth, appropriate to relax the rules of evidence apply.