The patent law modification draft was released for public comment by the State Intellectual Property Office on August 9, 2012.As one of the bright spots, the rules of the punitive damages is concerned by all sectors of society. Some people approve of it, and others oppose it. At present, Chinese courts generally apply the compensatory damages to patent infringement compensation through empirical investigation, which is difficult to adapt to the modern complex infringement. However, the punitive damages which make up for the defect of compensatory damages, can protect fully the legitimate rights and interests of the patentee, impede patent infringement and encourage law-abiding behavior. The development of modern tort liability law provides a theoretical basis for the punitive damages. According toChina's realistic national condition, we can deliberately introduce the punitive damages to the patent infringement at present. But we should restrict the applicable conditions and the amount of damages, make the standard of compensation in details. The punitive damages article of this draft has yet to be perfected.