Patent Indirect Infringement Research

In recent years, the infringement of patent has been emerging one after another. Among these infringement cases, the infringement through imitation or copy has been decreased gradually, which however has been taking over by a convert act of infringement through changing the patent technology of others. Since the current Chinese Patent Law only set forth express provisions for the acts of direct infringement of patent, additional to the All Elements Rule in determination of patent infringement, the indirect infringement of patent is caused and becoming rampant day by day. In this article, by taking a dispute on a Utility Model patent infringement for example, the writer carries on the discussion and analyzes to the nature of indirect infringement of patent and the developmental course in relation to system of indirect infringement of patent, and elaborating the necessity of establishing system of indirect infringement of patent based on which the writer also give personal viewpoints and advices on the concrete measures.This article includes five parts. In the first part, the writer refers to the specific case, describes the course and determination of the case and brings out the focus problem of this case. In the second part, the writer first makes an in-depth study of the focus problem of this case and re-combs the determination, then educe the topic of this article, that is, the indirect infringement of patent. At last the writer analyzes the necessity of establishing the system of indirect infringement of patent in China. In the third part, the writer introduces the formation, concept, the form of expression, etc. of the indirect infringement of patent in detail, and then comparatively analyzes the legislation example on indirect infringement of patent of different countries which foreshadow the topics of the next part. In the forth part, the writer studies the problem on how to establish the system of indirect infringement of patent in China from the behavior type, doctrine of liability fixation, constitutive requirements and plea instance of the indirect infringement of patent. In the last part, the writer obtains the specific legislation conclusions and re-determines the subject case.