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Putting The Pieces Together: A Proposal For A Contributory Infringement Provision In Patent Law, Xianzhi Quan
Putting The Pieces Together: A Proposal For A Contributory Infringement Provision In Patent Law, Xianzhi Quan
Chicago-Kent Journal of Intellectual Property
Among the top five countries who have filed the most patent applications under the Patent Cooperation Treaty (“PCT”) in 2015, China is the only country that has no provision regarding contributory patent infringement. As a result, in patent cases related to contributory infringement, different courts have adopted different criteria to determine whether contributory patent infringement is present. This has resulted in many problems in China, causing confusion and conflicts in understanding among patent holders and the public.
With the increase of patent infringement cases in China, legislation on the standard of contributory patent infringement is imminent. This Article puts forward …