Study On Reasonable Royalty In Patent Infringement Damages

In the calculation method of patent infringement damages in China,it is unreasonable to change the concept of "actual loss" into "profit loss",the cause-and-effect relationship of infringement profit compensation is difficult to be fully established,the application conditions of reasonable multiple compensation of license fee are strict,and the legal compensation is dominant.Be different from the "patent law of the People's Republic of China" mentioned in article65 of the patent license fee multiples ",this paper discusses the object refers to under the patent licensing deals which reflect all the patent value of reasonable licensing fees,while the patent law referred to in article 65 of the "patent licensing fees" refers to the actual,the common licensing fees.The patentee transfers the right to use all or part of its monopolized proprietary domain information by charging license fees.Reasonable royalty is the direct embodiment of the controlling effect of patents.Since the dominant relationship of the patented technology cannot be recovered by means of physical domination,reasonable royalty compensation is the actual loss that the consideration should be paid is presumed to be patent infringement.Reasonable royalty compensation can reflect the internal logic of patent system and has the institutional value of reducing the burden of proof,scientifically measuring infringement losses and adapting to the booming industry trend of patent license.Therefore,in patent infringement,reasonable royalty should be used as one of the general rules to determine the damages for patent infringement.To construct the reasonable royalty compensation system in our country,we must first affirm the constructive nature of reasonable royalty and take it as the general rule to determine patent infringement damages.Secondly,the limitation of established royalty should be adjusted,and reasonable royalty should be determined based on whether the license has been truly issued and a variety of factors.In order to curb infringement,reasonable royalty shall be higher than normal license fees.