关键词: 政策改进 , 制度改进 , 创新价值 , 专利侵权过错类型 , 专利侵权损害赔偿 , the improvement of policy, the improvement of system, innovation value, the fault types of patent infringement, damages for patent infringement

Abstract: Based on infringer’s degree of subject fault, patent infringements can be divided into two parts: slight -fault patent infringement and serious -fault patent infringement. If the fault classification system for patent infringement can be transplanted into the PRC Patent Law, we shall improve our country’s policy of damages for patent infringement based on the fault types of patent infringement, and then we shall improve our country’s system of damages for patent infringement based on the above-mentioned policy. After the value analysis of patent system, I found, compared with current policy and system, the improved policy and system can do better in realizing justice value, efficiency value and innovation value of patent system.