Patent Infringement System

The system of indirect infringement is from U.S.A., with legislative value inseeking to make the protection of patent right maximized. It expands theprotection domain of the patent right to the no-patented products. The protectionsystem, which forbids indirect infringement for the patentee, has expanded theprotection domain of the economic rights in the traditional theory in the meaningof the substantive law, and has saved the lawsuit cost of the patentee in themeaning of the procedure law greatly. It is actually that few carries on furtherresearch on this system in china at present, and fewer can deeply understand andexplain what and how the system is. With the development of economic in China,the system of direct infringement cannot protect the right of patentee greatly, so thesystem of indirect infringement is necessary to protect patent.This thesis concludes more than 32,000 words, and has been divided into fiveparts, except the foreword and conclusion.The first part focuses on the summary of the system of indirect infringement.It means that the tort-feasor dose not cover all technological characteristics of thetechnological scheme of patent right to form a direct infringement, but he or sheinduces, assists, instigates others to infringe the patent right. So the emergence ofdirect infringement is the result of the indirect infringement.The second part is about deciding indirect infringement by patent law. From alarge number of case and relevant legal clauses, I have refined three importantfactors of how to decide a patent indirect infringement: (1) Objective factor:Tort-feasor how to do indirect infringement; (2) The important factor of the object:The product related to substantive characteristic of patent is not the patented one.The production target of the system is not merely a range of the patented product;(3) Subjective important factor: The tort-feasor has induced or assisted other toinfringe the patent right on purpose.The third part is about the argumentations of non-indirect infringement ofpatent rights. On the basis of the second part has raised two kinds of pleads: Onekind is patent right misuse; another kind of the counterplea is the declaration ofpatent implied license. The forth part is about the remedies of liability for the indirect infringement ofthe patent rights. The law of indirect infringement is made for the relief that thepatentee is seeking. Without the remedies the legal system would have no realisticmeaning. There are two important remedies: (1) Prohibition; (2) Compensation fordamages.The last part gives some advices to the system of indirect infringement ofChina.