Research On The Determination Of Patent Contribution Proportion In Patent Infringement Damage Compensation

The three-year litigation between "GREE" and "AUX" finally achieved phased results in2021.The court ruled that GREE should compensate AUX for a total of 166.6 million yuan in economic losses.In this case,the court decided that the contribution ratio of the patent involved was 20% with reference to the technical contribution recorded in the "economic analysis report",which caused widespread concern,and the concept of patent contribution ratio became popular again.In recent years,the issue of "low damage compensation" for patent infringement has been widely concerned.However,research and practice show that the real problem is "inaccurate compensation amount" —the compensation amount does not match the patent value.Therefore,how to determine the contribution ratio of patents in patent infringement lawsuits,extract the value of patents,and improve the accuracy of compensation amounts are also issues of great research value.First of all,this paper introduces the concept of "patent contribution ratio" from judicial practice cases,and expounds the substantive connotation of patent contribution ratio through the determination of the concept and the interpretation of practice,and explains the application of patent contribution ratio in the damage compensation system with the help of its value consideration.functional role and effective regulation of special patent phenomena.Secondly,this paper analyzes the predicament in the determination of patent contribution ratio by examining the status quo of patent infringement damages.It is concluded that the current predicament mainly lies in the identification of causality,the burden of proof and the lack of rules and standards.Thirdly,by studying the theoretical breakthroughs in causality and the burden of proof,examine the factors affecting the proportion of patent contributions from judicial and practical aspects,summarize the key factors,and discuss how to improve the identification procedures and standards.Finally,based on the above investigation,it is concluded that when judges determine the proportion of patent contribution,they can intervene in the judge’s discretionary subjective value on the basis of objective facts,and obtain a result of "reasonable approximation";In the dilemma of "inability to provide evidence",it is suggested that the burden of proof should be reasonably allocated to the infringer;at the same time,the judicial interpretation should also clarify the scope of application of the patent contribution ratio,with a view to establishing clear and definite identification procedures and standards and giving judges correct guidance.