Apportionment rule refers to the rule that the value
attributable to patent features is recognized and apportioned in
the overall value of products when calculating patent infringement
damages. This is an unavoidable problem to improve the accuracy and
rationality of the calculation of damages. With the development of
technology, products are more and more complex and multi-patent and
multi-part products are emerging, and thus it is of practical
significance and urgency to study the apportionment rule.
Although the "Patent Law" (Draft for comment)
published on January 4, 2019 has further improved China's
patent infringement compensation system from the perspective of
improving the legal compensation amount and adding punitive
compensation system, it still ignores the treatment of the accuracy
of the calculation of the compensation amount. In fact, the
substantive issue of patent infringement compensation is not the
low amount of compensation, but whether the amount
