Analysis On The Patent Infringement Case Of Jiao Mou V.a Institute Of Feed Research

Based on the patent infringement case of Jiao Mou v.a Institute of Feed Research,under the premise of integrating theoretical discussion and practical viewpoints,we strive to make a complete and accurate analysis of the four controversial points,namely,the determination of the act of manufacture and use under the patent law,the determination of the purpose of production and operation,the determination of indirect infringement and the determination of the amount of compensation.As for the determination of manufacturing and operation on under the patent law,the commissioned processing should belong to the manufacturing and operation in the sense of the patent law,while the act of publishing the patented technology in a paper does not belong to the manufacturing and operation under the patent law;as for the determination of the purpose of production and operation,the administrative subject or the institution cannot claim the effective defense of not having the element of production and operation by virtue of its subject matter;as for the determination of indirect infringement of the patent,the act of promoting the use of patented technology with knowledge constitutes an indirect infringement of patents;as for the determination of the amount of compensation for patent infringement,the reasonable royalty compensation system can be applied when the conditions of relevance,authenticity,and fairness required for the calculation of the multiple of the reasonable license fee are met.We hope that the extended thinking focused on the two controversial points of the patent law,namely,the special manufacturing behavior and the amount of compensation,will be helpful to the improvement of the relevant theoretical research and the application in judicial practice.In the determination of the manufacturing behavior in the entrusted processing mode,the key to differentiation is whether plays a leading role or not.For the identification of manufacturing and use in the OEM procession mode,the labeling information can initially lock the manufacturer,but the identity of the subject should be further confirmed in combination with the evidence;for the identification of manufacturing behavior in the 3D printing mode,the printing of special parts with technical characteristics belongs to the manufacturing behavior of the patent law.Concerning the determination of the amount of compensation for infringement,on the grounds of reflection on its current deficiencies,suggestions are put forward to improve and rationalize the current license fee system.Specifically,it is necessary to form a unified standard for the calculation of the amount of compensation;to improve the evaluation system of the value of intellectual property rights that is compatible with the patent licensing market in China;to allow the court to enjoy more discretion in the specific calculation of the amount of compensation,and to delete the clause on the multiplier of reasonable license fee in the legislation.