Theory To Construct The System Of Patent Indirect Infringement In China

Different from the patent direct infringement, patent indirect infringement do not directly infringe patent right, but provide help for somebody who exploit a patent in an indirect way. Which greatly increase the risk of patent infringement. Patent indirect infringement expands the scope of protection of the patent right to the generic products, and has challenged the traditional patent infringement determination principle—principle of universal coverage. In order to control the behavior that providing products of containing some essential technical features of patent, The system of patent indirect infringement was born. In view of the legislative blank of patent indirect infringement and there are many deficiencies in the judicial practice by using joint tort theory deal with disputes of patent indirect infringement. So our country should construct the system of patent indirect infringement, the patent indirect infringement should be independent and should be stipulated explicitly in Law.There are four parts of the essay besides preface and epilogue. The first part mainly cards the basic theory of patent indirect infringement, and raises the necessity and feasibility of improve the system of patent indirect infringement in our country. The second part researches the relevant legislative cases in foreign countries, then makes comparisons and uses for reference. The third part analyzes the main problems about the patent indirect infringement in our country, and introducing the new problem arising from 3D printing. The fourth part gives the countermeasures, in order to legitimately and reasonably settle disputes of patent indirect infringement in the judicial practice、Restore the balance, and promote technological innovation. This article use the method of benefits balance analysis to prove the argument, also lists cases and make analysis, points out problems that The patent indirect infringement in judicial practice in our country have different decision criteria which causes the confusions in law application.