Research Of Legal System For Patent Indirect Infringement

Engraved on the gate in front of the United States patent and trademark office, a famous saying of President Lincoln:" The establishment of patent system enables genius to benefit." aptly reveals the purpose of the patent system establishment. Whether the patent system is sound decides that whether the creative achievements with intelligence can adequately be protected. However, in today's society, there still exist in all kinds of infringement of patent. Therefore, it is necessary to establish the feasible patent infringement legal system, make public know how behavior infringe upon the patent right is made public, have relatively free behavior of guidelines, so as to fully play the positive role of the patent system.As one of the most complex problem of the patent system, The system of patent indirect infringement make up for shortcomings of protection of traditional standards of patent infringement to any patent, can prevent others through the production, sale of patent technology to bypass the patent right, the core part for the patentee to provide adequate legal protection. However, Legislation in our country is not perfect, whether it is necessary to provide community on indirect patent infringement, and how to provide in theory and practice is still more controversial.This thesis covers more than 30,000 words, and is divided in four chapters, except the preface and conclusion.The first chapter introduces the overview of patent indirect infringement. First, the article describes some of the concepts were directly infringing the patent describes the concept of high institutions Beijing issued " Patent Infringement Issues (For Trial Implementation) " and the practice of indirect infringement cases, and summarizes the indirect infringement of patents contained in Meaning; second, the article introduces the system of indirect infringement of patent origin, the patent system of indirect infringement originated in the United States, the term first appeared in the case of Snyder v. Bunnell, since theory and practice by the United States generally accepted; then, the author analyzes and summarizes detailed composing elements of patent indirect infringement, and its classification.The second chapter describes the contrast between the concept of indirect infringement and similar concepts of the indirect infringement. The article introduces two kinds of theory-" theory about subordinate, " and " theory about independent "; Although the system of patent indirect infringement inevitably has the similar characteristics of joint infringement, the author believed that there are differences between Patent indirect infringement and joint tort from the scope of the infringement, behavior contents, subjective judgments, causation, burden of proof, responsibility, and soon on.The third chapter introduces the legislative analysis of the system of patent indirect infringement. Firstly, The article introduces the status quo of patent indirect infringement from a real case, and describes the foreign legislation such as the United States, Britain, Germany, Japan about the system of patent indirect infringement.The fourth chapter recommends how to improve the system of patent indirect infringement. Firstly, the article demonstrates the necessity of legislation through two aspects; the author recommends Some approaches to judge patent indirect infringement. Then the article puts forward effective administrative and civil remedies for patentee and legitimate demurrers for the accused patent infringer and the permission of patent.