The Study On The System Of Indirect Infring Of Patent

Indirect infringement system originated from the United States,its purpose is to compensate the lack of comprehensive and effective protection of the patent holder At the same time, the patentee contributed their creative achievements so that it can finally and really reach the balance between patent holder and the public.With the rise and development of indirect infringement, an increasing number of countries learned from the USA and begun to form their own system of indirect infringement. Nowadays cases like this happened a lot, however, there is no such law or regulation forbidding these actions. What a pity it is! In this paper, I would like to analyze this phenomenon from three aspects, hoping it can gain attention and discussion and let this system form and grow in China.In the first part, by comparing the pros and cons of each academic point of view, combining the condition of our country, I draw the concept of indirect patent infringement.I also describe the development of this system of the USA.As a result, I hope we can explore the merits of this system and establish it in our country. In the second part, by analyzing the relation between the direct patent infringement and the indirect infringement, it can easily draw the-conclusion that what behavior can be regarded as indirect infringement. In the meanwhile, I analyze all the components of indirect infringement. In the last part of my paper, I discuss the necessity of establishing this system in our country and I give the sincere and advisable proposals. I really hope this system can be written in our laws.