Patent Infringement System

Indirect infringement is one of the most complicated problems of patent law. Indirect infringement of patent system derived from ajudiciary case in the USA in 1871 whose legislative value lies in the search for the maximization of patent protection and extend the range of patent protection to non-patented products. Based on the American economic development and the traditional charge and defense at court in UK and USA and taking the theoretical history of indirect patent infringement as references and direct clues, this paper analyzes the important determinant conditions.The indirect infringement of patent system is an important legal system closely relating to the subjects of the market economy. However, the indirect infringement of system in China is not perfect enough to satisfy the demand of the market economy which is developing rapidly. The problems of the indirect infringement of system in China consist of too limited application scope, unclear requirements, conflicted judgements by Courts, and etc. The different views also lie in academy. The indirect infringement is discussed systemically in comparative study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems.In the first part of the dissertation, a description on the definition and features of indirect infringement are presented. Then the characteristics and laws of development of indirect infringement are analyzed based on the study of its origin and evolvement. In the next part, a new requirements structure of indirect infringement are put forward after an overall review of legislation and cases in China, other countries and regions, and an analysis of theories and principles in this field.In the last part of the dissertation, the deficiency of indirect infringement of system are also analyzed, and then a new legislation proposal is envisaged, based on the situation and demand of China with the successful legislative experiences of other jurisdictions as references.The most remarkable features of the dissertation consist of:The first future is the comparative method taken in the dissertation. Compare the differences of legal systems in modern society, in China and foreign countries, and probe the track and features of development of indirect infringement.The second future is the positivism method taken in the dissertation. The indirect infringement of system is discussed not only theoretically but also in way of positivism. The legal system and relevant cases in Anglo-American law and civil law countries are also reviewed in order to take out some principles scientifically.