What are the components of indirect patent infringement
Usually, for patent infringement cases, according to the different identities of the perpetrators, different purposes and different The behavioral methods and motives can be divided into direct patent infringement and indirect patent infringement. Patent infringements stipulated in my country's Patent Law are direct patent infringements that are directly caused by the perpetrator's own actions and completely cover the patent claims. If the actor's own behavior does not constitute direct patent infringement, but the actor's behavior actually encourages, encourages, or instigates or induces others to commit direct patent infringement, this behavior is considered as indirect patent infringement.
The indirect infringement of patent is subjectively instigated by the perpetrator Or subjective intention to induce others to infringe, objectively the actor provides necessary conditions for the occurrence of direct patent infringement, and the actor obtains certain illegal benefits due to his behavior, and his behavior is illegal. At the same time, the patentee suffered certain damages caused by this behavior. In addition, indirect patent infringement promotes, accelerates or helps the completion of direct patent infringement, and the two constitute joint infringement. It can be seen that indirect patent infringement is based on the direct patent infringement of a third party and provides necessary conditions to promote the implementation and completion of direct patent infringement. Therefore, to determine indirect patent infringement, you must first determine whether the third party’s behavior is direct patent infringement
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