Patent Indirect Infringement Problem Research

Patent indirect infringement of the word for China is not a new legal scholars and judicial workers, patent indirect infringement Chinese scholars called patent legislation is "one of the most difficult problems." In the judicial practice in many countries, have been met in some cases if only the responsibility of the direct infringer shall be investigated for patent, is not fully effective in protecting the patent situation. Because some behavior while the person was not directly for patent infringement, but if he produces the product is only for direct infringement of patent, or does he have a induction, encouraged, abetting others patent infringement deliberately, even both combined, it is objectively can cause the happening of the direct infringement, may be led to damage the interests of the patentee. In this case, only the direct infringement principle cannot be investigated for responsibility. So, in order to effectively protect the interests of the patentee, more fully cope with more concealment and complexity of patent infringement, at the same time to avoid the abuse of patent right. The United States, the European Union, Japan and South Korea and other countries and regions have in its adding the content of the patent indirect infringement in patent law. In the patent law in our country changed three times, many experts and scholars on the patent indirect infringement system put forward various views and the suggestion, but eventually because of various reasons, the system of patent indirect infringement in our country is still blank.However, our country judicial practice related to the patent indirect infringement case is emerge in endlessly, this article through the analysis of patent indirect infringement case in China, discusses the concept and origin of patent indirect infringement, discuss increasing patent indirect infringement legislation the necessity, the comparison and tort and draw lessons from other countries legislation achievements of patent indirect infringement, and the components of the patent indirect infringement in our country and imputation principle are proposed.