Study On The System Of Patent Indirect Infringement

Indirect patent infringement is relative to the case of direct infringement, It’s mainly refers to the doer that not direct the behavior of the infringement of the patent right for others, but they urged, aided and abetted the patent infringement of others, and eventually lead to direct infringement occurs.It has latent, tort relation duality, behavior object characteristics such as particularity. Patent system is effective for direct infringement system of indirect infringement, and to encourage innovation is of great significance.Indirect patent infringement of the principle of the process of the formation, development and mature, also with the process of the ata gaming, its development is mainly around the patentee and the social public interests constantly balance this thread.Its constitutive requirements mainly for:subjective have induction, help intentionally, which carried out the illegal behavior, and behavior of the object is not related to the patent right of patent products, in addition request the direct infringement of indirect infringement behavior there is a causal relationship between.Indirect patent infringement of the defence mainly have two kinds:whereby, implied license of the state of the abuse of patent right.How to choose reasonable justification, should be selected according to the specific situation.Indirect patent infringement is not stipulated in the patent law system in our country, but indirect patent infringement principle has breakthrough the principle of joint tort in various aspects, construct the system of indirect patent infringement on China’s uniform judicial standards, incentive innovation has an important practical significance.In concrete construction, in principle, should be paid attention to in the indirect infringement system and China’s current legal system, and abide by the principle of the balance of the patentee and the social public interests; On concrete system design should pay special attention to patent should be direct of indirect infringement of infringement occurs as the premise, its behavior types should be limited to sales, promised to the behavior of the objects, and items should be involved in patent product of key components, and the item is not "materiality non infringement purposes".