Analysis On Dependent Patent Infringement Dispute

With the development of technology, the consciousness of patent has come into the life of people and more and more technology have been patented and protected by the patent law. Consequently, the number of patent infringement is increasing dramatically and the case judgement is more and more complex too. The supreme people's court and other people's court have attatched great importance to this, to solve these problems, they issued many related judicial interpretations. One important fact is that, in these patent infringements, dependent patent infringements are in relatively large proportion. The difficulty of such cases lies on two patents, in which the character of one patent is involved into the protection of other patent, that is one patent belongs to the other patent.This essay is to clarify the role of patent and to determine the range of patent. Then, it demonstrates the type of patent infringement and discusses how to apply the suitable law to different patent infringement cases. Finally, it elicits the particularity of subordinate patent cases, judging principles, and bearing legal responsibility. According to the analysis of above laws, it analyses the patent infringement case of "Song Zhian V. No.l branch of Wuxi boiler factory". It precisely discusses the range of two related patents, the legal relationship of two patents, and methods of bearing civil liability. On the basis of analysis of the case, we find some faults behind the cases and make legislative and legal advices to define subordinate patent and common patent.Patent system is new in china, so there are only a small number of prejudications to refer. However, the emerging of different patent infringement cases is a big problem judicial authority must faces. The judging of patent infringement cases requires not only good legal ability of judicial officers, but also a skillful mastery of technical and professional knowledge. To analyze the classic subordinate patent infringement case, it lists the thought and method to solve such cases, hoping to do its bit for the judging of china's patent infringement cases, thus promoting the development and improvement of China's patent system.