Research On Indirect Patent Infringement

With the sustainable development of world economy and the increasing advancement of technology, the amount of patent infringement litigation is enhancing accordingly. The world powers have instituted relevant regulations on indirect patent infringement. Although there is no specific rule about indirect patent infringement in the Patent Law of China, this kind of cases have already arisen in judicial practice.Is it necessary to insert relevant regulations about indirect patent infringement in the Patent Law of China? If it is, what kind of mode we are supposed to choose that is more suitable for the situation in China and more advantaged for boosting technical innovation and technical application? How will it be regulated for indirect patent infringement in the Patent Law in the future?So in the long term, from a strategic point of view of the interest and considering the status quo and the weaknesses of the protection of Chinese intellectual property, this paper analyzes the precedents of indirect patent infringement made by the court on the basis of introducing relevant academic view in China and analyzes lawsuit practices of indirect patent infringement under the current legal framework. Finally, this paper analyzes and puts forward legislative proposals about adding relevant regulations related to indirect patent infringement to our legal institutions.