On Patent Indirect Infringement Litigation

In modern economic and social development, legal system of patent composition of patent and science and technology plays an important role, increased emphasis on patent as an important part of intellectual property rights in the process of building an innovation-oriented country. In the process of development and improvement about the patent system, problems of action of tort are concerned by all sectors of society, indirect infringing act of patent is a special form of patent infringement. In order to solve problems of action of indirect infringing act of patent, it's time to make clear concept of indirect infringing act of patent, features of indirect infringing act of patent and the law state of indirect infringing act of patent, judgement standard of indirect infringing act of patent, the difference between indirect infringing act of patent and direct infringing act of patent. The main contents of the thesis are as follows, building trial hearing system of indirect infringing act of patent. The trial hearing system of indirect infringing act of patent include the parties and limitation of action, jurisdiction and allocation of burden of proof,which is different fromdirect infringing act of patent in application. The main contents of the thesis is pre-judgment provisional injunction of indirect infringing act of patent. On the basis of the particularity indirect infringing act of patent, differences from direct infringing act of procedure in application are the innovation spot of this paper.