| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 101 === The purpose of patent law is to protecting the creation of a inventor. Patent law encourages the inventor discloses a new technology, which is a reference for another inventors to create another new technology. If someone who infringes patent and not bear any appropriate penalty will induce that the inventors lose motive to invent new technologies, and social progress will be slowdown. In the meantime, patent infringement and patent compensation will become more and more important.
In our world, there are transaction costs in every behavior. The complete compensation for patent infringement damages is an important factor for the inventors to research new technologies. However, if it compensate too much, it will also make another inventors reject to produce new technologies to avoid infringing someone’s patent. The patent law in Taiwan was amended in 2011, and the law about patent infringement and patent damages calculation was amended, too. Since the patent infringement and compensation are important for society progress, it is valuable to research that these amendments of patent law are suitable or not.
This study focuses on amendments in 2011 of patent law, and discusses the difficulty in carrying out these amendments, trying to make a conclusion and provide some academic suggestions and insights as the reference and future legislation.
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