Study On Indirect Patent Infringement

The current “The People’s Republic of China Patent Law”(hereinafter referred to as “ The Patent Law”) which was amended on December 27, 2008 has great reform and differences comparing to “The Patent Law” established in 1984. However, the current version still fails to keep pace with the rapid development of science and technology. The appearance of patent indirect infringement disputes in recent years highlights the defects of the patent system in both content and scope which takes current “The Patent Law” as the its core. Therefore, in order to realize the overall development and innovation of patent system and propose some useful suggestions for the fourth amendment of “The Patent Law”, it is an urgent need to study patent indirect infringement and to explore the long-term development strategy.First of all, this thesis summarizes the research on the patent indirect infringement in China and expounds the framework and innovations of the thesis. Then the thesis reviews on the basic theory of existing patent indirect infringement system in China, then it applies the case analysis method to analyze three typical cases which use different theories to deal with patent indirect infringement. After the comparison on pros and cons of the regulation, the thesis concludes that it is quite urgent and necessary for China to establish the system of patent indirect infringement. At the same time, the provisions of patent indirect infringement in foreign countries have reference significance on building the system of patent indirect infringement in China. Then the author introduces the basic situation of patent indirect infringement in China. Finally, the author summarizes that, in terms of China, to build a patent indirect infringement system can begin with the content of patent indirect infringement, namely subjective elements, objective elements, causality and damage results to start, establishing the responsibility principle and exemptions, in order to achieve the patent indirect infringement relief in civil law.This thesis is divided into six chapters:The first chapter is the introduction. It begins the discussion mainly from the reality of the current situation. The author points out that there is no country law in China regulating the patent indirect infringement. At the same time, it reviews the current research on patent infringement at home and abroad and puts forward the research framework and innovation of this thesis.The second chapter is the basic theory of the patent indirect infringement.Chapter three is relevant laws and regulations of foreign countries. The author mainly studies the relevant regulations of the United States, Japan and some countries of EU as well as some regions. And the author makes a comparative overview of the foreign regulations of patent indirect infringement in legislation.The fourth chapter is the analysis on current situation of China’s patent indirect infringement.The fifth chapter is the specific construction of the patent indirect infringement system.The sixth chapter is the conclusion part.