Research On The Judgment Of Patent Help Infringement

The patent help infringement system is created to compensate for the shortcomings of the traditional patent infringement system and to more fully guarantee the rights of the patentee.As an indirect infringement,the definition and handling of patent help infringement is considered to be one of the most complicated problems of patent law.Therefore,it is necessary and practical to study the problem of helping infringement determination.In this paper,the author mainly focuses on the issue of whether the patent helps the infringement to be established on the premise of direct infringement.While listening to the opinions of all parties,it also proposes its own legal countermeasures and judicial advice against the dilemma of the current infringement cases faced by the referees in China.In terms of structure,this paper is divided into four parts.The first part firstly sorts out some typical judicial cases of patent infringement disputes in China in recent years,and enumerates the positional swings of relevant judicial policies and judicial interpretations,thus introducing the main issues to be discussed in this paper.The main problem is that there is no legislation on patent help infringement in China.There is a big controversy about the relationship between patent infringement and direct infringement.The burden of proof for direct infringement is not clear,which leads to the frequent occurrence of different judgments of the same case.The second part first gives the viewpoint of independence,summarizing and analyzing the main reasons stated in the existing point of view.The third part is the author's negation and expansion of the viewpoint of independence.This part is the focus of the full text.In this part,the author first points out the deficiencies of the independence viewpoint.If the independent viewpoint is adopted,it will lead to new judicial judgment obstacles,and it will not meet the legislative intent of helping the infringement system because the scope of patent protection is excessively expanded.Then,from the perspective of jurisprudence,With the premise of direct infringement is the essential attribute of patent help infringement.Further,the solution to the theoretical obstacles in the subordinate theory is given.The fourth and fifth parts are based on the above arguments,and give the judicial advice to deal with the patent help infringement judgment,and summarize the content of this article in the conclusion part.