Study Of The Inducement Of Patent Infringement In America

According to the different Manifestations of patent infringement, patentinfringement can be divided into direct infringement and indirect infringement. Andthe theory and practical experience in direct infringement are relatively rich, so it’snot necessary for me to discuss. There are no explicit legal provisions of indirectinfringement In China, which has been codified in the Patent Act or recognized injudicial practice in other countries. But the countries have different views on whetherindirect infringement includes inducement of infringement or not. Inducement ofpatent infringement is my research object, and I mainly determine the nature,constitutive requirements, as well as responsibility of inducement of infringement byanalyzing the U.S. legislation and judicial precedents on Inducement of patentinfringement, and explore the necessity of the system in China.PartⅠ indicates the established process of Inducement of patent infringement inU.S.. Tracing the origin of indirect infringement from Wallace v. Holmes, which isthe generic concept of inducement of infringement. Whereas “inducement” was notas independent defense in the earlier cases, but only as evidence to prove theestablish of contributory infringement until the contributory infringement and theinducement infringement have been codified into U.S. Patent Law.Part Ⅱ mainly analyze the constitutive requirements of Inducement of patentinfringement in U.S. The intent, inducement behavior, and the occurrence of direct infringement, are required to undertake the liability of inducement of infringement. But these theories are not explicitly specified in U.S. Patent Law, just left to courts to deal with. And this article mainly summarized from some related precedents.Par III Introduce the establishment of the inducement of patent infringement in our country. Returns to our country on the basis of analyzing the U.S. inducement of patent infringement, and indicates the necessity of the existence of the rule in our, as well as some issues on the rule in legislation and judicial practice in our country.