|Adequate Interpretation and Reconstruction of Causation of Patent Damage|
|Patent Damage, Causation, the Entire Market Value Rule, Equivalent Royalty, Unjust Enrichment|
|Due to the intangibility of patents, the scope of a patent is determined through
interpretation of claims. The interpretation of claims is so uncertain that the scope
of a patent is hard to function as public notice for the reliance of the public. Moreover,
patent infringement never deprives the patentee of the full domination of
rights, but has negative impact upon economic interests of the patentee in the market.
Consequently, calculation of patent damage is more difficult than that of traditional
property damage. If no adequate causation is taken to measure the scope of
patent damage, the damage would either overcompensate or frustrate the patentee.
In view of the key role the causation is playing in adjusting patent damage, this
article attempts to clarify and comment on the evaluation of patent damage under
Taiwan patent law and related court cases, through the comparative observation of
laws and the recognition of jurisprudence of patent law.