A Study of Indirect Patent Infringement - Lessons From American Practical Judgments

• Main Authors: Meng, Fan-Shuen, 孟繁舜
• Other Authors: 崔汴生
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/42241687130847464087

碩士 === 國立臺北大學 === 法律學系法律專業組 === 99 === This thesis is separated into eight chapters. The Chap. 1 introduces the research areas and methods of this thesis. The Chap. 2 introduces the doctrines of indirect infringement of patent law including induced infringement, contributory infringement. The Articles 185 of the R.O.C. Civil Code is also discussed. The Chap. 3 discusses the U.S. Patent Act from §271(a) to (f). In Chap. 4, 5 and 6, we survey the cases about induced infringement, contributory infringement and extraterritorial effect from American practical judgments, respectively. In Chap. 7, we also survey the cases about indirect infringement from R.O.C. practical judgments. Aftermost, we conclude the respect of approving that the indirect infringement doctrines being codified into our R.O.C. Patent Act. If the indirect infringement doctrines codify into the R.O.C. Patent Act in the future, Legislators should not define the relation between the indirect infringement and direct infringement as the American practical judgments. In my opinion, the direct patent infringement is not established for the basis to measure whether the alleged indirect infringer should take infringement liability or not, because the liability of indirect infringer is self liability not secondary liability.