Research On The Application Of Indirect Patent Infringement Rule

The determination of patent infringement in practice mainly considers the result elements and behavior elements.First,the product or method indicted by the infringement fully covers and completely reproduces the patented technical achievements.Secondly,the use method of the product or method falls within the scope of the prohibition of the exclusive implementation right of the patent.Only when the above results and behavioral requirements are met can the court determine that the patent infringement is established.The elements of patent infringement are the infringement rules formed by the comprehensive implementation of the patent technology program for a single subject.With the development of technology and social progress,the damage to the interests of patent holders is gradually manifested as a multi-subject technology implementation mode.The characteristic of multi-agent behavior is that no single act constitutes an infringement of the patent right,but the merger of its implementation results constitutes actual damage to the patent right.In addition,in the field of product and method patents,there are special acts that damage patent rights.For product patents,the act of damage mainly manifests in the manufacture of “non-specialized products”,that is,products that are not dedicated to the use of patented technology;for method patents,the act of damage mainly manifests that the actor has actually implemented the patented technology,but in the end The steps are often implemented by the end user.Although the above-mentioned actions caused damage to the right holder,they could not break the shackles of the established rules of patent rights because they did not meet the requirements of patent infringement.To solve practical problems,the theory of indirect patent infringement first originated in the judicial practice of the US Patent Law and was later adopted by countries around the world.Under the current legal framework of my country,the indirect infringement of patents is mainly solved by the common tort rules in the Tort Liability Law and judicial interpretations related to the Patent Law.In judicial practice,the difficulty in determining indirect patent infringement is mainly reflected in the following two aspects: first,when the direct infringement is not established,it is necessary to carefully judge whether the indirect patent infringement is established;second,from the perspective of the technical scheme of patent protection,the method Indirect infringement of patents and indirect infringement of product patents have specific manifestations,which need to be classified for judgment.In order to solve the above practical problems,it is necessary to clarify the application of the elements of indirect patent infringement and provide guidance for judicial practice,so as to clarify the policy direction of indirect patent infringement: that is,to protect the interests of patent owners while protecting patent rights indefinitely.Scope to prevent patent owners from using the indirect infringement system to form adverse consequences of patent rights abuse.