Research On Calculation Methods Of Patent Infringement Damage Compensation In China

Patent infringement damages compensation system is an important part of patent infringement remedy.It reflects the market economic value of the patented technology.With the rapid development of China's innovative technology and the acceleration of globalization,the number of patent applications and authorizations has grown explosively,and rights holder's awareness of rights protection has also increased.So the number of patent infringement cases has increased year by year.The amount of compensation has also become the focus of attention of the parties.The patent law of our country stipulates four methods for determining the amount of compensation.However,in judicial trials,due to issues such as difficulty in proof,judges are more likely to use statutory compensation for calculation,and the amount of compensation obtained is obviously lower.As a result,the right holder can't obtain sufficient effective relief,the authority of the patent right has been greatly threatened,and many problems have gradually surfaced.There are already a large number of voices in the theoretical community who have severely criticized and debated the issue.Comparing compensation in patent infringement lawsuits with other countries,that China's patent infringement damage compensation system has deviated from the basic principle.This is not a matter of whether the amount of compensation is low but it is correct.If we do not resolve this issue,it will be difficult to convince people.And the development of the patent system will be hindered.Therefore,how to determine the amount of compensation fairly and reasonably is still the key and difficult issue.After a comparative analysis of the patent laws and case law of the United States,Japan,Germany and other countries,they can learn from their advanced experience.From the aspects of researching various factors affecting the compensation for damages caused by patent infringement and causality standards,a scientific calculation method is adopted to reasonably determine the amount of compensation.This allows the patentee to obtain timely and effective relief.It has positive significance for protecting the legitimate rights and interests of patent owners and effectively curbing infringements.