A Research Report On The Calculation Of The Amount Of Damages For Patent Infringement

Since the 21 st century,As intellectual property rights exceed its due competitive advantage,countries around the world are attaching more and more importance to the development and protection of intellectual property rights.As one of the three traditional intellectual property rights,the patent right is the exclusive right granted by citizens,legal persons or other organizations in accordance with the law.However,the reality is that such proprietary rights are often infringed upon by others and seriously impair the legitimate rights and interests of the patentee.Effectively protecting patent rights and cracking down on patent infringement are the most important tasks in China’s intellectual property right now.However,one of the focus of controversy and the difficulties existing in the patent infringement litigation is to calculate the amount of compensation for infringement of patent.This includes the problems existing in the practice of compensation standard is fuzzy,the amount of compensation is not high,so it is necessary to calculate the amount of compensation for patent infringement.According to the judicial case,collect the data according to the type of patent and the amount of compensation,the calculation of the amount of compensation standard and The judgment of compensation amount analysis,calculation of the four kinds of standard of compensation for patent infringement are fuzzy,a high proportion of the statutory compensation and The judgment of compensation amount is low,the burden of proof is difficult issues such as human rights.It is necessary to quantify,the four methods to calculate the introduction of punitive damages in patent infringement and patent infringement liability perfect proof,promote patent infringement compensation system has a better application to protect the legitimate rights and interests of people.