Study Of Patent Indirect Infringement System

Patent infringement usually refers to direct infringement act, but the requirements of constituting direct patent infringement is very strict. The infringement act must have completely copied the product or contained all the techniques characters. This is what we call complete copy principle, while, some products or methods although don't have completely copied other products or methods, still they have infringed their rights to some extent. For instance, they might divided patented product or method into several parts and then regroup them and by this they can avoid the punishment of the infringement act. This is an inborn defect of complete copy principle. As a result we've developed patent indirect infringement to perfect the traditional patent infringement system.In China's current law, we don't have patent indirect infringement, but in practice we would also come across some problems, for instance, a new patented invention might have more than two composites, some parts of it have committed infringement, but we can't punish this behavior due to the lack of indirect infringement. As matter of fact such behavior is quite common in our daily life, patentee can do nothing to this, their lawful right is violated. So I think it's necessary to introduce the indirect infringement.This essay consists of four parts. I try to give a rough structure of indirect infringement.The first part is talking about the theory contained in this system, like concept, character and history. The second part is about how to define indirect infringement and its constitutive requirement. Four elements are most important, illegal activities both direct and indirect, subject intent, result and causation of the behavior and result. Still in this part I defined the indirect infringement act, analysis concerning systems in developed countries like European countries, Korean Japan and China's current situation. Part three is about the suits concerning indirect infringement. It contains three parts, firstly, the basic problems about indirect infringement suits. Secondly, the civil liability of indirect infringement acts. Thirdly, defence in such cases. Finally, the meaning of China's building up indirect infringement system. In part four, I analysis the meaning of building up the indirect infringement in our country, whether based on legal principle or the current situation around the world, it's necessary for China to have and perfect the indirect infringement system.