Analysis And Enlightenment Of China Patent Judicial System Reform's Adjustment Effect On Invention Patent Infringement Compensation

As one of the intellectual property rights,whether patent rights can be effectively protected is related to the growth and demise of countries,enterprises and right holders.However,due to the reality that the infringer 's copyright awareness is weak and it is not clear whether it needs to be authorized in accordance with the law,or there is a malicious psychological infringement due to illegal or low infringement costs,or because for patentees the costs and difficulty in defending rights is too much and the final compensation obtained through rights protection is relatively low,it leads to the low enthusiasm of patent holders for rights protection,and patent infringement incidents occur from time to time.When the patent right is illegally infringed,it is particularly important whether the amount of compensation for patent infringement is reasonable.The influencing factors of the amount of compensation for patent infringement have been studied in depth by previous people.In China,as the basis of patent infringement compensation,issues related to intellectual property rights will be involved in the judicial system reforms.Analyzing the relationship between the influencing factors of patent infringement compensation and actual compensation amount,and verifying the judicial system reform can regulate which influencing factors,have important reference significance for the reform of the national judicial system and the formulation of corporate intellectual property strategy.This article is based on 866 cases of invention patent infringement cases that have been recognized by China Judicial Document Network and Jufa Case Network under the China Court Network from 2010 to 2019,and have generated infringement compensation.Through a systematic and scientific way,First,on the basis of researching predecessors' data and analyzing cases,and determine the five independent variables including: the amount of compensation requested,the location of the court,the type of patentee,the length of the patent application,the type of trial court,and a moderating variable(the first year of strict protection of intellectual property in China in 2014 Is the dividing line).Then use statistical methods to conduct a descriptive statistical analysis of the amount of infringement compensation,compensation amount and geographical distribution characteristics over the years.In addition,use SPSS 20.0 to perform regression analysis on a large amount of compensation amount to study the correlation factors of patent damage compensation and establish a linear equation trying to explain the change in compensation.Finally,verify whether there is an adjustment effect between the adjustment variable and each independent variable,and make conclusions and recommendations.Through the above analysis,the following conclusions are drawn: the difference in the amount of compensation requested,the location of the court,the type of patentee,the length of the patent application,and the type of trial court will result in different actual amounts of compensation.The amount of compensation requested has a significant positive impact on the actual amount of compensation;the amount of infringement compensation in the eastern region is much higher than that in the central and western regions;when the patentee is an enterprise,it often gets more infringement compensation;the longer it takes for a patent application,the lager amount of compensation it obtains.The reform of the judicial system at the end of 2014 had a significant adjustment effect on the type of patentee,region,and amount of compensation requested,while had little impact on the type of trial court and the length of patent application.The results of this study on the one hand can help to clarify the key influencing factors of patent infringement compensation and judge this judicial system reform has regulated which factors,thus provide a scientific reference for the further deepening of judicial judgments and patent system reform.On the other hand,it helps companies to keep up with the pulse of patent system reform,adjust their development strategies purposefully,promote enterprise innovation,and inject vitality into their rapid development.