On Subjective Elements Of Indirect Infringement Of Patent

The main purpose of the concept of indirect infringement of patent is to regulate the derivative infringement beyond the direct infringement under the contributory infringement system.The subjective element is an important component of patent indirect infringement,but it is often the most difficult to define and judge.In China's current judicial system,the latest revision of the patent law does not give clear guidance to the criteria for the determination of indirect infringement of patents.Interpretation(?)of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases(Patent interpretation two)is only based on the tort liability law to regulate the contributory infringement and inducement infringement,and generalizes the subjective elements generally.In practice,it is difficult for the court to truly make a legal basis and a legal judgment for the indirect patent infringement.At the same time,the academic community has not refined the mainstream views on the subjective elements of indirect patent infringement.In a word,a variety of reasons have jointly caused the embarrassing situation that the indirect patent infringement system is difficult to be grounded and operated in ChinaIn this paper,we will discuss some basic issues about the patent indirect infringement systematically from many aspects of the system and comparative law,and elaborate the content of the subjective elements of patent indirect infringement and the standards of the identification.In fact,we can propose the subjective elements of the identification standards,the burden of proof brought by this,defense,the preliminary design of China's patent indirect infringement system,etc.This paper will discuss the comparison of recognition standards and legislative models of subjective elements about patent infringement in various countries,and how to improve the recognition standards of indirect patent infringement,especially the subjective elements in China On the basis of reviewing the regulation and judicial practice of patent law in various countries,combined with the current situation of our country,we will summarize and propose the criteria forjudging the subjective elements of indirect patent infringement that meets the development and conditions of our country.Through the discussion and reflection on the standard of subjective elements of patent indirect infringement,we hope that it will be helpful to establish the current system of patent indirect infringement in China.It will not only provides a reference system analysis for the indirect infringement which is not uncommon but increasingly fierce,but also hopes to fully protect the legitimate interests of the patent injudicial practiceThis paper is divided into four parts:The first part is the introduction and chapter A-Summary of patent indirect infringement,which briefly introduces the background,concept,type and objective elements of patent indirect infringementThe second part is chapter B--Typical case of patent indirect infringement:analysis of SEB case in the United States and chapter C--Comments on the subjective requirements of Indirect Patent Infringement in different countries.It mainly introduces the subjective elements of patent indirect infringement by taking American SEB case as an example,and compares the current standards adopted by many countries in terms of subjective elements of patent indirect infringement horizontally to explore the establishment of different countries,the mode of law and the legislative intention of indirect infringement.The third part is chapter D--Problems in the determination of subjective elements of Indirect Patent Infringement in China and chapter E-Suggestions on improving the subjective elements of patent indirect infringement in China.This part is also the purpose and innovation of this paper.According to the discussions and studies,we will explore the problems existing in the identification of the subjective elements of the current patent indirect infringement system,find out the weakness,and put forward practical solutions from the aspects of legislative model,definition content and the defensesThe fourth part is the Conclusion,which summarizes the current situation of indirect patent infringement in the international community,and clarifies the significance of the construction of indirect patent infringement system in China.