The improvement of policies and institutions of damages for patent infringement——based on the fault types of patent infringement

Based on infringer's degree of subjective fault,patent infringements can be divided into two parts: slight-fault patent infringement and serious-fault patent infringement.By analyzing the different legal attributes of slight-fault patent infringement and serious-fault patent infringement,this article put forward different policies of damages for the two types of patent infringement;then by the directions of the different policies of damages,the article put forward different institutions of damages for the two types of patent infringement.Finally,after the value analysis of patent system,we can see that compared with current policies and institutions,the improved policies and institutions can do better in realizing justice value,efficiency value and innovation value of patent system.