Indirect Infringement Of Patent

In the patent protection legislation ,the patent indirect infringement system is a domain which cannot be avoided. Because it expands the right request book and the instruction,the patent law does not make the stipulation about this. But in practice this kind of case does not shrink , instead appears massively and becomes more and more complex. Therefore, researching on the the indirect infringement system is extremely essential.The indirect infringement has four characteristics: indirectly, independence ,hidden and diversity. Compared to the connotation in the extension, the indirect infringement is not same with the joint infringement,the partial infringement and the infringement under the doctrine of equivalents. The indirect infringement has independent status.The direct infringement is not the prerequisite of the indirect infringement. The behavior of the indirect infringement includes selling and offering to sale, but not includes manufacting and importing.There are four constitute factors of the indirect infringement : the indirect infringement has been actual occurrence,and the object of the indirect infringement must be defined as"the goods which have not substantive and another using " instead of the goods which have not strong connection with patent; Having caused implementing patent directlly; There is causality relationship between the patent indirect infringement and implementing patent directlly; The person infringe the patent intentionally.The civil responsibility of the indirect infringement has its own characteristic. When suiting the temporary measure before lawsuit, there are two situations must be considered,which are the behavior of implementing and the loss of both sides. The compensation for damages should consider the following two points: the influence of different lawsuit pattern; Whether has the direct infringement occurrented.