Patent Infringement Damages Calculation Problem Research

The calculation methods adopted by countries in determining the amount of damages for patent infringement are roughly three kinds: the lost profits of right holders,the illegal profits of infringers,and reasonable license fees.China's laws provide four calculation methods: lost benefits,illegal profits,reasonable multiples of licensing fees,and statutory compensation.However,in judicial practice,the calculation of the amount of damages for patent infringement is important in the calculation of statutory compensation,which is used in some regions.The proportion of statutory compensation cases even reached 99%.Based on China's patent infringement damages calculation system as a starting point,on the basis of patent infringement compensation legal system,through empirical research,case study and comparative study,the present situation of application of judicial practice in the calculation combined with China's patent infringement damages,put forward China's patent damage calculation problems: the applicable statutory compensation rate is extremely high,the discretion of the judge and the abuse of patent infringement damages are too low.Taking the calculation method of patent infringement damages in the US,Britain and Japan as an extraterritorial perspective,we explore the advanced experience of foreign countries in the legal system and judicial practice for the accurate application of the interests of the obligee,the profits and royalties of the infringers.Finally,the implementation of patent infringement compensation "principle of full compensation" as the theoretical basis,consider the possibility of China in many aspects to improve the amount of damages for patent infringement for calculating system,and puts forward concrete suggestions to perfect our calculation methods to determine patent infringement damages.Include appropriate reduce the causal relationship between the holder of the certificate standard and the burden of proof,to applicable specifications,technical sharing rules respectively detailed patent license fees and statutory compensation factor of reference this a series of solutions.