Indirect Infringement In Patent

The system of indirect patent infringement, which originates from the United States, is an important part of patent protection system, and its legislative spirit is a protection of the patent rights. After nearly a hundred years of development in the United States, this system was finally perfected in 1952 when the patent law was set up. Thereafter, the European Union, Japan and other countries or regions had also successively established the system. After 20 years of development, Patent law system in China was already relatively perfected. But there were still no clear provisions of indirect infringement in patents law, even after the third amendment of the patent law in 2008. There were many disputes about indirect copyright infringement in judicial practice from 1993 to now. Concerning the adjudication of provisions of the patent law, the supreme people's court issued several judicial interpretations about indirect infringement. Through comparative and empirical research method, this paper systematically discussed the typical cases of the United States, the European Union, Japan and other countries or regions and cleared up uniqueness of indirect infringement and put forward some suggestions in order to establishing system of indirect infringement.Removing preface and epilogue, this paper is divided into four parts.The first part is "the cognizance of patent indirect infringement". Which briefly introduce the concept of indirect infringement and relationship between two adjacent concept.The second part is"legal practices of patent indirect infringement ". which briefly introduces the comparison of several common forms of indirect infringement in practice and the defenses of patent indirect infringement.The third part is the "patent indirect infringement in foreign country". This paper introduces foreign relevant laws and the provisions of the patent system about indirect infringement, then emphatically analyze the similarities and differences in the system.The fourth part is "building our system of patent indirect infringement". In order to establish the system of indirect infringement, we should pay more attention to the necessity of indirect infringement system and puts forward concrete suggestions.