Analyze Tort Case About PTC Heater Utility Model Patent

With the continuous progress and development of science and technology,the number of patent disputes is increasing year by year,and cases with high complexity and strong expertise are common,among which the proportion of patent infringement cases is gradually increasing.In this case,how to identify patent infringement by relevant provisions and systems,to balance the interests of patentees between the public by the patent-related professional principles has become an increasingly prominent problem.In this paper gives a brief introduction to the PTC heater utility model patent infringement dispute,analyzes the problems existing in the determination process of the patent infringement case,try to simply sort out the focus problem of the recognition of clerical errors in the patent claims,the application of legal compensation and the contribution sharing of patent products in the infringing products.First of all,this paper introduces the types of clerical errors in the patent claims and the relevant conditions for correction in case of clerical errors;Secondly,this paper introduces the application of legal compensation in the system of patent infringement compensation,discusses legal compensation in judicial practice under the current situation and the inequality of patent infringement compensation,and puts forward the suggestion of careful use of legal compensation;At last,the paper puts forward some problems,such as unclear application scope,unclear application conditions,unclear application methods and unclear application rules of patent contribution allocation rules.At the end of thepaper,it puts forward corresponding suggestions to clarify the application scope and conditions of patent contribution allocation rules,comprehensively apply patent contribution allocation methods and standardize the application of patent contribution allocation rules With the process,we hope to solve the problems existing in the application of patent contribution sharing rules for patent infringement damages and improve the judgment level of compensation for patent infringement cases in our country.