12 Under Article 97 of the R.O.C. Patent Act, the court of the R.O.C. may not calculate damages ofpatent infringement with________ .
(A) the method as set forth in Article 216 of the Civil Code
(B) awarding the damages greater than the loss suffered but not exceeding five times of the proven loss
(C) the profit earned by the infringer as a result of patent infringement
(D) the amount calculated on the basis of reasonable royalties that may be collected from exploiting the invention patent being licensed