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"Indirect infringement" is an exception to "patent infringement", which expands the scope of rights of patentee to a certain extent, in order to avoid the unlimited expansion of patent right, affecting the technological innovation of others and the security order of market transactions. Therefore, there should be more stringent requirements concerning indirect infringement in the legal system, including subjective and objective requirements, which can strike a balance between the rights protection of the patentee and the security of the transaction. Regarding the indirect infringement of patents, currently most theories and practice believe that it should be dealt with the joint infringement of Civil Law. However, the requirements of the joint infringement of Article 185 of the Civil Law are more lenient and different from the normative purpose of the patent law. How to apply civil law in practice to solve the problem of indirect infringement of patent rights, it is worth discussing. Therefore, this paper chooses to systematically sort out the cases of indirect infringement of patents in Taiwan in the form of empirical research, in order to observe the attitude of the courts in dealing with patent indirect infringement cases. Moreover, this paper examines whether the current draft of patent indirect infringement amendment can respond to the actual operation, market status and practical issues. Also this paper will integrate the opinions of the business community, the legal profession, and the administrative agency and wish it will be a reference for the amendment of patent law in the future.
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