Patent Infringement Legal Issues

The concept of patent contributory infringement frist produced in the case of Wallace v.Holmes,in 1871. The American congress writed the patent contributory infringement into it's patent law in 1952 when it has been revised .And, many countries or the international organizations like European Union,Japan, Germany, England and so on .have all made the same stipulation in their patent laws . The patent contributory infringement system has already been implemented a long time in these countries, and they have accumulated a rich experience in this area.We have no stipulation about patent contributory infringement in our patent law because there's a short time when The Patent Law was implemented in China in 1984,and there is no stipulation about this in TRIPS.A lot of patent disputes intered into Chinese judicature practices following the development of our patent system ,many of those involved patent contributory infringement, but,the Chinese administrations and the courts feel difficulty when they deal with these cases, for there's no stipulation about patent contributory infringement in the Patent Law.In order to protect the patent holder's benefits,courts have made some judges admitting patent contributory infringement ,and the practice has already been in the lead of the patent law in China. At the same time, we obtained a rapid development in the patent system and accumulated much experience when the Patent Law has already been implemented 22 years in our country. Based on development in the Patent Law and the reality need, the author believe that, we have the necessity to write the stipulation about patent contributory infringement explicitly in the Patent Law.This article revolves the concept and the composing elements of the patent contributory infringement and the legislation and judicature conditions about the patent contributory infringement in the domestic and foreign countries. The first chapter introduces the concept and the origin of the patent contributory infringement system, as well as the overseas legislation situation has been made a introduction in this chapter.The second chapter studies...