What are the constituent elements of indirect patent infringement
(1) Indirect patent infringement must actually occur. Like other infringements, indirect patent infringement must actually occur. If there is only the intention to instigate or help others to commit patent infringement, or only the necessary preparations are made to instigate or help others to commit patent infringement, but the act of instigating or assisting is not carried out, that is, no indirect infringement actually occurs, then indirect infringement is Infringement cannot be established. Therefore, the actual occurrence of indirect patent infringement is the most important component of indirect infringement.
(2) In principle, there must be a direct infringement, and there must be a causal relationship between the indirect infringement and the direct infringement.
Does the establishment of indirect infringement necessarily presuppose the occurrence of direct infringement?
(3) The indirect infringer has a subjective and intentional mentality. Once the indirect infringement of a patent is considered to be an instigation or helping others to implement the patent In case of infringement, the perpetrator of indirect patent infringement should have subjective intention. Generally speaking, the subjective state of mind of instigating and helping others is intentional, and instigating and helping activities do not constitute negligence. In fact, if, like direct patent infringement, we hold people responsible for negligent behavior, it will not only be unfounded in law, but it will also impose an additional duty of care on the public and cause damage to the perpetrators. Therefore, my country’s relevant patent infringementThe legal basis for behavior all has the element of subjective intent.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation. .
