A Study On Indirect Patent Infringement

According to the "full coverage principle",patent infringements should meet all the technical characteristics of patent rights before they can be established,but in practice,there are indirect patent infringements that provide patent components and abet and help others to specifically infringe patent rights.For this type of behavior,there is currently no explicit provision in the Patent Law.In the Amendment to the Patent Law published in December 2015(submitted for review),Article 62 was added to regulate it,but this article was deleted in the Patent Law officially passed.Therefore,the current Patent Law still does not make it clear how to regulate indirect infringement.In practice,courts at all levels often use the Supreme Court ‘ s judicial interpretation as a criterion to regulate such behaviors.But this interpretation is only a detailed explanation of the joint infringement theory.It cannot specifically solve the problems of inconsistent judicial judgment standards and large differences in judgment results caused by the absence of law,and also related to the specific conditions of patent protection in our country ’ s situation.Based on the judicial interpretations,this article summarizes the dilemmas faced by indirect patent infringement through analysis of cases,analyzes from the perspectives of jurisprudence and economics,compares with other countries,clarify the nature and legislative model,specific the constitutional elements,liability and the scope of effectiveness,to provide suggestions and references for the establishment of clauses in the Patent Law in the future.