Research On Patent Inducing Infringement Related Issues In The United States

Today, as time goes, some problems which hardly existed before have now emerged in the patent infringement field. From a practical point of view, many of the problems in judicial practice have gone beyond the adjustment range of the existing legal provisions, and then climbed to the fingertips of the new theoretical field, which includes the inducing infringement related issues. Inducing infringement has its own characteristics in the concept, the judgment standard, the legal value and so on, which are different from the traditional direct infringement or joint infringement. In many countries, especially in the United States law, the construction of the system of inducing infringement law has experienced a process of continuous improvement. In its process of development and perfection, there are a lot of issues which are worth of being explored,among which the most controversial is that the temptation of infringement should be independent of direct infringement or subject to direct infringement. Based on the above characteristics and problems, it is our turns to consider whether we should introduce this system and how to introduce it into China. In this paper, those issues are discussed.Combining with other countries' experience, especially the United States judicial practice and the relevant theory as well as China's national conditions, this paper also concern current countermeasure, suggestion and its possible measure in the future.