Study On Patent Indirect Infringement

The rules of patent indirect infringement have been established in developed countries for a long time due to its theory value and practice significance, but it is not clarified in Chinese patent law. As a result, relative cases are generally ruled by the theory of joint tort in the judicatory practice. In these cases, the substantive patent indirect infringement is on the schedule to demarcate the benefits of patentee and public, consummate infringement theory and tally with practice. With the research on the origin, definition and the domestic and international relative legislation of patent indirect infringement, the paper believes that the substantive patent indirect infringement should be acknowledged as patent indirect infringement shows more particularity than commonness with other tort. The indirect infringing party bears the corresponding legal liability only defined by law, therefore, the paper classifies indirect infringements to confine it within a strict boundary, knocking off the behaviors such as abusing patent rights. Lastly, the paper probes the important constructive elements of indirect infringements from four aspects: legal offense, subjective intent, damage fact and causality and analyses the legal liabilities of patent indirect infringement. The third amendment of Chinese Patent Law is supposed to deliberate every link, differentiate indirect infringement behavior and liability, establish the rules of patent indirect infringement with the subject of contributory infringement and the supplement of inducement of infringement, and coordinate it with Copyright Law, Antitrust Law and fundamental rules of Civil Law.