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As the technology advances, the issues with patent Infringement have increased. To prevent it from happening, the Patent Act has been set up to protect the rights of patent owner. According to Article No 2, Patent Act, the patents can be categorized into innovation patent, utility model patent, and design patent. The purpose and expiry time for each patent varies. The patent owner should have the exclusive rights to use the patented technique before the rights expires. They can work with other business to engage in production using the patented technique, or they can sell the technique to get profits.
To apply for a patent , one must meet the application procedure. Next step it’s up to Intellectual Property Office, Ministry of Economics Affairs, to decide if the patent is applicable in the areas of practicality, innovation, and enhancement for the industry. The industry practicality is the top priority in terms of criteria of patent valuation, superior to innovation and enhancement. Once the application is approved, it will be published in public and the rights of patent begins.
When the patent rights are infringed, the patent owner usually can seek civil laws for compensations. According to civil laws, the compensation should pay back the loss of the victim or repair the damage of victim’s property . Since patent is an intangible property and can’t be restored to the original state, money is the usual way for compensation. The sum of money for compensation is usually decided by the judge, and it sometimes could be too less or too much. The reasonable lump sum for compensation will be discussed in the case study in this article.
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