New Evaluation of Patent Infringement in the Cross-Border Divided Transactions-In Terms of Patent Economic Value

The main purpose of the article is to attempt a new direction of interpretation over the all-element rule and territoriality under patent law through the point of patent value to assuage the challenges from emerging technologies. As a novel contribution for the studies upon patent law, the article takes the concept of patent economic value, instead of technical value, to aid judicial case law in breaking through the difficulty in interpretation of the all-element rule and territoriality in the cases of cross-border divided patent infringement. Rather than relying upon the technical-oriented track, the article finds out another track that is based upon the economic interest produced by practice of the patent in the market. By possession and assignment of the entire economic interest derived from the patent, the article gives a new interpretation of the all-element rule and the territoriality principle to evaluate the cross-border divided patent infringement, and proposes the resolution against the related disputes as well