The Evaluation Method Of Essential Patents Based On Damage Awards Of Infringement Lawsuits

With the development of science and technology and advancement of standardization,a large number of patented technologies claimed essential for standard.And patent standardization has become one of the important development strategy of enterprises.The fusion between patents and standard formed so-called essential patents.Taking advantage of mandatory and universality of the standard,essential patent holders were given a dominant position within the market,therefor,they can charge high patent licensing fees from implementers of standard.The number of litigation arising from this problem is rising.So it is important to correctly evaluate essential patents.This paper comb the theory of essential patents,divide the value of essential patent into three dimensions: economic value,strategic value and value of litigation.For standard essential patents,damage award can be regarded as the litigation value of essential patent,especially patent litigation has become one of the strategy of enterprises.To some extent,litigation value can characterize the economic value of the standard essential patents.After converted to present value,so the compensation can be regarded as market value which is extremely advisory and fair.Based on the analysis of all the existing evaluation method of essential patent,this paper put forward a neural network model for the evaluation of essential patent.And systematicly collect and analyses the infringement lawsuits of essential patent,selection of 13 patent indicators can effectively reflect the value of patent,with the aid of the BP neural network high speed nonlinear processing ability,build a essential patent evaluation model and through the empirical analysis verify the feasibility and generalization ability of the model.The research method and conclusion can provide a guidance to the government personnel,the judge,enterpreneur and other stakeholders.