On Indirect Infringement Of Patent Rights

In this paper, the research of indirect infringement of patent right, establishment of the legislation of indirect infringement in patent contribute to the protection of patent right. As is known to all, patent law fundamental purpose is through the legitimate rights and interests of the people of patent protection to encourage invention creation, improve the ability of innovation and promote the social progress. Especially in the innovation and development is very important in the 21 st century, in intellectual property has a degree can reflect indirectly under the background of a country's comprehensive strength of intellectual property protection is more important. For direct infringement, countries that use claims comprehensive coverage of the principles, but with the continuous development of industrial level, for production, the sale of a patented production Product of a major components or production, sales for the use method of the device, raw materials can not be identified as patent infringement, serious impact on the realization of the legitimate rights and interests of the patent. Patent indirect infringement system came into being. Patent indirect infringement system for patent direct infringement problems, has been stipulated in the laws of many developed countries. However, any things are a double-edged sword, excessive protection of patent rights will also lead to misuse of patent right of patent, namely the patent indirect infringement of the widely used also brought the patent of patent abuse of social risk. So how to identify the patent indirect infringement has become flat The lever of the balance between the interests of the patent right and the social interest.In China there is still no patent indirect infringement of the relevant legislation, while the patent indirect infringement cases with the development of social division of labor more and more. In the judicial practice of our country still cling to the common tort theory, the applicable law is nondescript, verdict sometimes do significant embarrassment. In this paper, the use of comparative law, law interpretation, case analysis and other methods, with the United States patent legislation for reference, combined with China's current patent legislation and the theoretical circles and judicial circles of indirect infringement of patent achievements(mainly through the theory of joint tort, expand necessary technical features to handle) analysis of the theory of indirect infringement in China's patent legislation existing problems and The conception of the legislation of patent indirect infringement in our country is put forward.