Study On Patent Infringement

On days of the globalization of science and economy, as an important part of intellectual property, patent is given increasing attention by international community and governments all over the world. The tenet of patent law is to protect legitimate interest of patentee, encourage invention, improve the ability for innovation and promote the scientific progress and social development. However, in the process of developing of system of patent, patent infringement is plenty of happening, the bigger role the patent right plays in economic development, the more attention people pay, the more patent infringement happens. As an intangible property, which bothers us, negative factors such as immateriality of object and difficulty to determine the protection scope of a patent right increase the likehood of happening of patent infringement, the number of patent infringement litigation is increasing year by year in recent years in China. Meanwhile, the behavior of patent infringement is also of diversified characteristics. This thesis analyzes the patent direct infringement and patent indirect infringement, which are different in spite of their connection, to provide reference for the study on patent infringement of our country.The first section of the thesis gives basic introduction of patent right and patent infringement, illustrates the process and characters of patent right and tort and patent infringement. This part is a theoretical base of the following research, paves the way for the study on patent infringement.The second part of the thesis analyses the basic theory of determination of patent infringement, describes the determination of the scope of protection and basic principles of patent right.The third part of the thesis analyzes patent direct infringement from conception, behavioral pattern, criterion of liability.The forth part of the thesis analyzes patent indirect infringement, introduces the conception, behavioral pattern and criterion of liability, and compares the different rules of patent law with America, Japan and European Union.The fifth part of the thesis analyzes different opinions on the relationship between patent direct infringement and patent indirect infringement on the theory. It introduces the relationship from two parts of subordination and independence.The sixth part of this thesis analyzes the form of liability of patent infringement. It illustrates the form from the relief approaches and settings of liability, and analyzes the form of liability of patent infringement from administrative, criminal and civil liability.In the final section of the thesis, the author makes a conclusion.