Study On The Determination Of The Amount Of Compensation For Patent Infringement Cases

China is undergoing rapid economic development, economic development and in need of legal protection, economic security to maintain an orderly state and advance steadily. In recent years, with the construction of socialist rule of law in China the idea of thinking is becoming more and more perfect, the voice of the rule of law has been rising. The state has promulgated a number of laws on the protection of civil rights, such as the Tort Liability Act, etc.. In the patent, the state promulgated the "patent law", and in sixty-fifth clearly defined the amount of compensation for patent infringement and the way. All these provide the legal basis for the judicial practice. However, the law has lagged behind, and the development of the society and not stagnant, many new problems will emerge with the social development and progress, so how to make use of the existing legal basis to deal with the complicated reality becomes very urgent. The question of how to determine the amount of compensation in patent infringement is a very difficult problem. The through the analysis and study, proposed some suggestions, hoping to the amount of compensation for patent infringement determination to contribute, a valuable role.The theoretical research method and case analysis review of China's patent infringement compensation amount determine the system status, in patent infringement cases the amount of compensation analysis to determine the system for the existing problems, explore the experience and Enlightenment of foreign patent infringement determination of the amount of compensation, China's patent infringement cases determine the amount of compensation system optimization is proposed based on, so as to China's patent infringement cases determine the amount of compensation to provide certain reference significance. The content of this thesis is divided into five parts: first the basic theory involved in this paper and the basic methods are summarized and concluded, and according to the existing research data and research conclusions of literature review writing, lay the theoretical foundation for this research; secondly, introduced China's patent infringement cases to determine the amount of compensation for the status quo, development acceptance and the relevant standards, establish explained; again, according to China's patent infringement cases to determine the amount of the analysis of existing problems, to provide the research and optimization of the direction to develop follow-up measures; fourth, the background characteristics of experience and Enlightenment in Germany, Britain, Japan and the United States to determine the amount of damages for patent infringement with China's judicial practice in the development of optimization methods are feasible and reasonable, to the judicial practice and relevant legislation follow-up Law provides the necessary theoretical basis and practical guidance. Finally, the paper summarizes and analyzes the deficiencies of this study, to provide the necessary ideas and direction for the follow-up research.