Patent Infringement under Japanese Patent law: Comparative Study with Chinese Patent Law

Abstract

Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

Figure 1 The scope of patent right

Figure 2 Cases of infringement and non-infringement

Figure 3 Doctrine of equivalents

Figure 4 Objective indirect infringement

Figure 5 The limitation of objective indirect infringement

Figure 6 Subjective indirect infringement

Figure 7 A fueling device invention

Figure 8 Case 3

Figure 9 An invention of combined drug of pioglitazone

Figure 10 The major generic pharmaceutical company and the small generic manufacturer