On Patent Infringement

The indirect infringement of patent is widely considered to be one of the most toughest issues concerning the patent system. The purpose of establishing the systm of indirect infringement is to balance the beneficial conflicts between patentees, who can exclusively use proprietary technologies, and the public, who can make appropriate use of advanced science technologies. In other words, the system of indirect infringement is a result of compromise. It enlarges the scope of patent protection to non-patent products, which helps law strengthen the protection of patent rights in a large margin. However, although we have had some achievements about legslation of patent protection in the past two or three decades, there are few regulations pertinent to the indirect infringement of patent, which are always dealt based on the theory of Joint Infringement percripted in traditional civil law. However, with the development of social economy, ways of Patent Infringement appearto be varied, consequently, it becomes desparately essential to reinforce the protection of patent , establish and improve the system of indirect infringement of patent. In recent years, studies for relavant theories of the system of indirect infringement of patent have not been disturbed and some agreements have been reached, nevertheless, there are still many disputes, such as the relationship between indirect infringement and Direct Infringement, types of indirect infringement of patent, restrictions to the system and so forth. The thesis will briefly discuss the above issues and figure out my personal contemplations about them after comparing and analizing many developed countries'legislations of indirect infringement of patent, meanwhile, taking our present situation of pertinent legislations into consideration.The thesis consists of introduction, text and epiloque. In the introduction, the topic will be put forward by analizing a case of indirect infringement heared in china. Then after displaying the present legislation situation of indirect infringement, I will show my study orientation in details.The text will be divided into three chapters. Based on the concept of indirect infringement of patent, the first chapter will introduce its origin and descriptions of indirect infringement of patent in various countries, then point out differences between indirect infringement and joint infringement, and at last analize features of indirect infringement of patent. The second chapter will focus on types, the analysis of our present explainations of relavant legislation and administration of justice, and my personal opinions according to several bitterly argued issues in the area of theory. The third chapter will deal with plea issues of the system of indirect infringement of patent. Contributing to the lack of studies of how to regulate the system, this chapter will classify pleas of indirect infringement of patent into types and discuss applications of several major types with the methods of synthesizing many scholars'views and analizing legislation situations of different countries.