Study On Patent Indirect Infringement

Chinese patent law only clearly stipulates the direct infringement and does not specify the indirect infringement,we use common infringement theory to deal with patent infringement cases in judicial practice as usual.Taking into account the relevant provisions of Chinese legislation on indirect infringement is unknown,while indirect infringeme nt of patent infringement at the judicial practice using the theory of joint infringement has to deal with many shortcomings,the patent owner in real life to protect their patent rights and to pursuit of judicial relief is hampered,so in order to efficie ntly protect the right of patent,enjoy the rights and benefits,and can achieve a balance with the public interest in the judicial practice to deal with the relevant disputes to provide more authoritative guidance,I think patent infringement legal system Should be self-contained.This paper is mainly composed of four parts.The first chapter is the relevant content of the ontology of patent indirect infringement.Through the literature research and comparative research method,the connotation,nature and type of patent indirect infringement are defined,The second chapter is the relationship of the indirect infringement and direct Infringement between the tort and the common infringement,explain the different theories and draw the preliminary conclusion.The construction of the indirect infringement system of inland need adopt the doctrine of indirect infringement and mutual infringement,and its establishment does not need to be based on direct infringement The third chapter is the comparison of the indirect infringement system of patent,mainly expounds the status of indirect infringement of patent in China and the related judicial practice cases,as well as the different provisions of the indirect infringement legislation of the United States,Japan and Germany.The fourth chapter is the construction of patent infringement system.This part mainly talks about the patent infringement and the patent infringement of the indirect relief,including the handling of the situation,as well as patent indirect infringement defense.In conclusion,it is indispensable for us to construct an independent patent infringement system,which is of great significance and value to the protection of the rights and benefits of patents and to provide more authoritative guidance for handling disputes in judicial practice.