Study On The Indirect Infringement Of Patent

The indirect infringement of patent, as pointed by some scholars, is one of the most difficult problems in the patent law even in the whole patent system. The purpose of the system of the indirect infringement of patent is to equilibrate the interest of the patentee and the public good, and to clearly define the extension of the consideration for the patentee's disclosure of the relevant creation to the public. But because of the immateriality of the intellectual property, it is not very easy to achieve the said purpose.The conception of the indirect infringement of patent appeared very early, but it takes about 81 years for the rules of indirect infringement of patent to be stipulated in the law of the USA. We know China's modern intellectual property system was founded only about less than 30 years ago, and China is still short of many concerned conditions such as consciousness, culture, mechanism, economy and so on. Therefore we did not introduce into the system of indirect infringement of patent when we amended our patent law in the year 2001. However, as our country continuously deepens reform and opening, as the integration of the world is accelerating, and as China is more and more involved in the international affairs, the necessity for our country to establish the system of patent indirect infringement is more and more obvious.Under this background, this paper provided an overview of the existing legislation in the world, referred to the existing researches concerning the system of indirect infringement of patent, and discussed a few problems we should pay attention to when we establish our own system of indirect infringement of patent. I hope this paper can be helpful to improve our country's patent law system.This paper has three parts: introduction, text and conclusion. In the introduction of this paper, a real case is quoted to derivate the topic of the indirect infringement of patent, the concept of the indirect infringement of patent, and the value of this research.The part of text is divided into three chapters:In chapter 1, we discussed the necessity for our country to establish the system of indirect infringement of patent, emphasized the differences between the indirect infringement of patent and the traditional common tort theories from the standpoints of objective behavior, subjective attitude, responsibility and proceeding. We also explained the social economic conditions for our country to establish the system of indirect infringement of patent have already been met.In chapter 2, we analyzed the existing systems of indirect infringement of patent of the United States, EU, Japan and some of the other nations or regions from the standpoints of objective behavior, object of behavior, subjective intention and the relationship between the indirect infringement and direct infringement of patent, and got some useful conclusions.In chapter 3, on the basis of comparison of legislations of other countries or regions, and referring to the social economic circumstance of the present stage of our country, we put forward our suggestions regarding the establishment of our own system of indirect infringement of patent from the standpoints of classification, behavior object, behavior type and subjective elements.