Research Of China's Patent System Of Indirect Infringement

The patent system of indirect infringement, which expands the range of patent protection to non-patent products, aims to improve patent protection level,and better safeguard the interests of the patentee. Now, the patent system of indirect infringement grown, general can be divided into three types, respectively by the U.S., European Union and Japan for its typical representative. Our country has not built the system of indirect infringement, and the third amendment of patent law does not cover the system of indirect infringement either. But the reality is that:patent indirect infringement claims happen from time to tome, due to a lack of laws and regulations, the adjudication is completely different, which is hard to ensure judicial justice. Reality calls for the establishment of patent system of indirect infringement. This essay tries to analyse China's patent case of indirect infringement, through empirical method, so as to put forward some ideas.The first part, this paper briefly introduces the patent system of indirect infringement and its origin, and also the related provision of United States, the European Union and Japan. Through the study of relevent provisions and the conditions under which they are applied, the paper would give readers an overall study of the system.The second part is the study of the judicial practice of Chinese indirect infringement of patent. This is the main part of the paper, which is divided into two parts:legislation of indirect infringement of patent, the provisions of which is still blank; The second part, from empirical perspective, the paper sums up five basic problems after classification of judicial practice of indirect infringement. Through this, the paper would present a clear picture of this topic.The third part, is my own thinking of the establishment of China's patent system of indirect infringement. It's divided into two parts:the first part, from two perspectives, to show the necessity of the patent system of indirect infringement, including our country's existing legal system deficiency, and the rationality of this system; the second aspect, from multiple aspects, puts forword the author's concrete ideas on the establishment of this system.