On The Independence Of Indirect Patent Infringemen

The Patent Law has not yet provided for the indirect infringement of patent,however,such cases often appear in judicial practice,which makes the court lack of direct legal basis in judgment,and mainly applies the common infringement provisions to regulate.Joint infringement requires indirect patent infringement to be based on the occurrence of direct infringement.When direct infringement does not exist,the theory of joint infringement cannot be applied,resulting in the interests of the patentee cannot be timely and fully protected.Therefore,it is of great significance to study the independence of indirect patent infringement.This paper aims to sort out the relationship between indirect patent infringement and direct patent infringement and between indirect patent infringement and joint infringement by combining theories and practical cases,demonstrate the independence of indirect patent infringement,and provide theoretical support for the establishment of indirect patent infringement system.