Research On Several Legal Issues Of The Indirect Infringement Of Patent

The purpose of'Patent law'is to protect the patent and to encourage the invention. The academia makes lots of study and research from different emphasis and tendency surrounding this purpose, and has a great deal of research result. In these results, some matures were adopted by law, some still need a further research. It's an information society today, as a kind of information, the patent be infringed repeatedly. Under this background, the study and rules of the indirect infringement of patent become more and more important. It is still a weak in the study about the indirect infringement of patent by the academic circles at present. Under such background, I start studying it in my pursuit of knowledge. The article is divided into three chapters, from theory analysis to behavior affirming, then to remedy, and the discussion about answer in the end. I made a legal theory analysis about the indirect infringement of patent from three aspects in Chapter one.Firstly, I induced the characteristic and the manifestation of the indirect infringement of patent briefly. There is no explicit definition of the indirect infringement of patent, and different ideas exist among the scholars. The author made a brief definition based on my understanding, then provided two characteristics. The indirect infringement of patent was divided into contributory infringement and vicarious infringement in this article. Most of the cases appeared in practice can be attributed to contributory infringement, so there are more study on it, and rule it by the regulation of common infringement, but there are no cases relevant to the vicarious infringement though exiting in practice, they can be seen in some books only.