The Research Of Determination Method Of Patent Infringement Damage Compensation Amount In China

It is a controversial issues that determination method of patent infringement damage compensation amount. Study on the determination of patent infringement damages problem has noticeable significance on jurisprudence and economic, on the innovation of science and technology level, it also has the unusual social significance.The article 65 th in third revision of the "patent law" in 2008 provides a strict hierarchy problem. In theory this legal provision of compensation for patent damage is already quite perfect, but in practice is not so. In 2015, "the draft of the revised Patent Law(Draft for comments)"(Hereinafter referred to as the “draft”) in the sixty-fifth amendment pushed the patent infringement damages issues in the teeth of the storm again.It is controversial to introduce the punitive compensation mechanism, but the necessity of its existence needs to be proved in the judicial practice.Starting from the empirical research, the author selected a total of 886 pieces as research sample from Pkulaw net collected from 2010 to 2015. By selecting the screening and analysis of judicial cases to find out the practical problems in current calculation of patent damages, the author pick out the current patent infringement damage problems expressed in legislation and judicial practice.In order to solve these two problems, the author draws on America and Japan legislation and judicial practice experience, construct from the improvement of calculation method for compensatory damages and lead-in the punitive damages mechanism, to expect the damages of patent infringement in our country to be perfect.