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专利间接侵权制度是随着现代科学技术和商品经济的发展,在适用传统专利侵权判定原则,即全面覆盖原则对事实上侵犯专利权的行为无法做出侵权认定的背景下所形成的。专利法第三次修改最终也没有规定专利间接侵权,但现实情况却时有发生,由于缺乏法律规定,各地法院裁判尺度不一,难以保证司法公正,因此有必要对专利间接侵权的基本问题进行梳理和再认识,本文从比较法的角度,简述专利间接侵权的几
With the development of modern science and technology and commodity economy, the indirect patent infringement system is formed under the background of applying the principle of traditional patent infringement, that is, the principle of comprehensive coverage can not make infringement on the fact that the patent infringement is actually infringed. The third revision of the Patent Law ultimately did not provide for indirect infringement of patents, but the reality has occurred from time to time. Due to the lack of laws and regulations, courts around the world have different standards of judgment and it is difficult to guarantee judicial fairness. Therefore, it is necessary to conduct basic infringement of patents Combing and re-understanding, this article from the perspective of comparative law, a brief description of the patent infringement