Application Of The Punitive Damages In Patent Infringement Liability

In order to further improve the system of patent protection for patent infringement cases, the low amount of patent infringement damages made by the patentee, damages of proof is difficult, high cost of rights and a long period, the draft amendments to the Patent Law proposed increase of willful infringement punitive damages system. Punitive damages system in punitive and deterrent nature for patent infringer is a powerful blow. Legislation introduced in the trend system of punitive damages in patent law has almost become the consensus. Based on the analysis of the current status of patent infringement litigation, and further elaborate the necessity and feasibility of the introduction of punitive damages, punitive damages should be clear how the patent infringement case in the specific application problems.This paper is divided into a total of four body parts, the first part introduces the background of the draft Patent Law to modify the status quo of patent infringement and damages by examining Chinalawinfo case database case sample, using random sampling, statistics-based approach and patent infringement damages of widely applicable statutory compensation, the low amount of the award, to stop the abuses of high cost and difficult to prove infringement and other issues. The second part mainly through the necessity and feasibility of the introduction of punitive damages system in the field of patent infringement analysis. Based on current situation of patent infringement, punitive damages analysis into practical necessity and feasibility. The third part focuses on the patent infringement Elements of punitive damages as well as punitive damages amount is determined. From Elements punitive damages starting to consider the subject of patent infringement, subjective, object and objective, in particular for the subjective aspect, it finds clear rules willful infringement, and by the way exemplified clearly can be directly identified willful infringement of several scenario, clear the people’s court is suitable for punitive damages for willful infringement of implementation of the subject. The fourth part describes the process of punitive damages apply some restrictions necessary, make the appropriate restrictions from the scope of evidentiary standards and procedures.