The Proposed Punitive Damages System of Chinese Patent Infringement and the Comparison with America

The proposed fourth amendment mainly focuses on some difficult problems that need to be dealt with urgently during the implementation of the existing Patent Law. The main points of the fourth amendment of the Chinese Patent Law include protection of design patent, patent implementation, decision of patent invalidation, administrative enforcement, as well as punitive damages, and this paper will only discuss the punitive damages. By the simple comparative analysis of Chinese and American patent infringement damages system, the research found that the introduction of punitive damages of willful patent infringement is absolutely necessary in China. However, the case study told us that the application of any system should have strict applicable conditions, which include the applicable standard for willful patent infringement and calculation method of willful infringement damages.