Contributory infringement of patent originates from but is different from joint infringement.It is an independent form of liability and has its own normative significance and value.It should be amended and clarified in the revision of patent law.In the construction of the system,we should abandon the pure objectivism of Japan,and establish the"double"standard of"knowing and should know"in the subjective elements;In the objective elements,we should learn from the German experience,broaden the connotation of"special supplies",add restrictions and exceptions of the behavior subject,and embody the behavior type of"providing".In the application of law,the establishment of tort liability should be determined by the specific rules of contributory patent infringement.When the liability is established,the liability of the contributory infringer should be directly investigated.
patent indirect infringementjoint infringementlegislative modelsubjective elementsobjective elements
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