Research On Determination Of Compensation For Patent Infringement Damages

With the progress of science, the development and protection of the intellectual property rights has aroused more and more national attention. The Patents right, as an important intellectual property rights with the high value-added industries model, can always bring huge economic benefits, thus attracted much attention. The patent right is one of civil rights, it’s protection work share the same principles with the other civil rights. And, the patent right belongs to the intangible property rights, is more likely to be infringed than the real rights, bonds and other civil rights. Therefore, patent infringement issue has become a problem worthy of notice among the patent law area.This paper going to discuss the methods of compensation counting of patent infringement from three parts. The first part will mainly discusses the basic principles of the patent infringement damage compensation counting. Through the analysis of existing problems in the current principles of compensation counting, it proposed to establish the new principle of compensation counting based on the bridge principles with punitive principle as a supplement. The second part will list five factors that should be considered in the compensation counting of patent infringement from cases. Based on the analysis of the advantages and disadvantages, it give the corresponding suggestion. The third part will discusses the current situation and defects of four current compensation counting methods, put forward the reform proposals of compensation counting from allowing to judge the loss of patent right holder in reasonable ways, setting up the evaluation mechanism of infringement profit, counting patent licensing fee with reliable reasons, elaborating the methods of legal compensation counting, etc.Expectations by improving the scientific nature of the patent infringement damage compensation amount in our country, we can improve the system of patent infringement damages in China, and power to China’s economic and social sustainable development. Hope that the patent system could make contribution to the revival of the Chinese nation.