Research On Thepunitive Damages Application In American Patent Infringement

Since its inception,the patent system has made important contributions to the development of productive forces and social progress,it also has more important position in the international trade.Meanwhile,there are more patent infringements in our social life,how to maximize the compensation for the interests of the patentees and to contain the patent infringements in the cradle,it is far from being able to meet this expectation by existing compensatory compensation system alone.Since then,China try to introduce the patent punitive damages system into our country,provides when the infringer in the presence of "willful" circumstances,allows the court to “determine the damages up to three times the amount found or assessed.” China is in the early stage of patent punitive damage system,how to define “willful” and how to determine the compensation ratio,there is not so much specific regulations refined in the provisions.The United States has more advanced experience relating to the ip system in the world,its patent system can provide a good model for other countries,to get knowledge of the origin of the system of punitive damages in the United States as well as its evolution and the elements of judicial application in practice,it is helpful for China to improve its own patent system and regulations.The thesis includes four chapters.The first chapter is about the basic issues of US patent infringement damages regulations,introduce characteristics of the early punitive damages system in common law,further introduce the specific issues of the punitive damages system in the patent field,introduce its history and policy reasons of the US patent punitive damages system's historical evolution.The second chapter is about introduction of the most important element of the punitive damages of patent infringement in the United States —— "willful" cognizance standard.This chapter begin with the “duty of due care” standard and discusses its nine elements as well as its judicial dilemma;then in the Seagate case,the Supreme court apply the “objective recklessness”standard and with the development of the judicial application,in 2016,the court overturned the “objective recklessness” standard,this chapter analyze the political and social reasons behind the court decision.The third chapter is about the calculation of the “reasonable compensation amount”.In short,this chapter analyzes how to calculate the compensation which is based on lost profits and a reasonable license fee.In the last chapter,the author compares the deficiencies of relevant existing system in our country and draws lessons from American experience to perfect our legislation.Combined with China's actual national conditions,to make practical advises in view of the applicable elements,the standard of proof,the guidance of case judgments,calculation methods and the scope of compensation.