Research On Several Cases Of Indirect Patent Infringement System

With the development of the society, the number of patent infringement is increasing .The means of patent infringement becomes variety and secret, such as patent infringement claims to take part within the feature to avoid the direct infringement. these similar acts do damages to the patentees.However, so far the indirect infringement of patent system is not provided in our Patent Law. Therefore, The author uses the way of analysis of cases ,based on three groups of cases,, and combine with relevant judicial interpretations in our country and abroad laws,the article want to makes a detailed analysis on the indirect patent infringement. I hope that this article will give some advices to the regulation of the indirect infringement of patent system.The paper consists of three parts: ifntroduction,four chapters and conclusion.The Introduction part is about the purpose of this thesis, through analyzing the three groups of cases about the indirect infringement of patent system,I hope that the article would give some advices to the indirect infringement of patent system . The first chapter, beginning with the description of a group of semi-finished products and parts manufacturing cases ,then the article make the introduction of the United States case Wallace v. Holmes happened in 1871.Lead to the origin of indirect infringement of patent,and introduce the different opinions of scholars in our country.Through the description of indirect infringement,the article analyze the Connotation of the"Substantial Non-Infringing Use".With case 1 and case 2,the article make a deep analysis about the function of the role of the"Substantial Non-Infringing Use"in indirect infringement.The second chapter, first,the article introduce the case of banana ice cream, then introduce the development process in USA about how to prove the intention in the indirect infringement of patent,as well as the relevant practice in China .Based on this,the article analyze the judgment of the case 3 to make a deep analysis about proving the intention of accused infringer .The third chapter,first,the article introduce the case of different decision, then make a introduction of the provisions about direct infringement and indirect infringement in USA.Next, the article introduce the current interpretation of relevant laws in China,as well as two theories .Based on this,with the combination of case 4,The article make a deep analysis about the function of direct infringement to indirect infringement in patent infringement case.Finally, based on the analysis, it is a summary of the thesis.