Abstract All elements rules of traditional patent infringement leaves a regulatory gap for the perpetrator to infringe patent rights without responsibility.The indirect patent infringement liability rule helps to break the dilemma of all elements rules of accountability.In recent years,based on the urgent needs of judicial practice,our country has confirmed the indirect patent infringement rules at the level of judicial interpretation.The existing indirect patent infringement rules have many problems in terms of system and operability,and it's urgent to restructure the system and optimize the rules.On the one hand,the structural background of indirect patent infringement should be separated from the theoretical framework of joint infringement,so that indirect patent infringement become an independent type of infringement.At the same time,the dual system design path of the existing imputation system is more conducive to the comprehensive regulation of indirect infringements,and it is necessary to adhere to the inducement-contributory infringement dichotomy model.On the other hand,it should optimize patents to contributory infringement and inducement infringement.The content of the rules shall form a complete regulatory system for indirect patent infringement to achieve the legal and policy goals of the indirect patent infringement system.
Peng Guanqi. System Construction and Content Optimization of Indirect Patent Infringement Rules from the Perspective of Innovation[J]. , 2021, 2(4): 118-127.
2021, Vol. 2 
