특허간접침해 개정안에 대한 고찰 -중성물 기여침해의 판단 기준에 관하여-

In terms of effectiveness of patent protection, indirect infringement provisions are currently being revised. The Revised Bill containing indirect infringement provisions is planning to introduce contributory infringement by a non-staple product, and contributory infringement and induced infringement by use of information network system, in addition to indirect infringement by an exclusive product. Among them, it can be known that in interpreting the requirements for the contributory infringement by a non-staple product, the contributory infringement by the non-staple product is similar to indirect infringement by a multi-functional product under the Japanese Patent Act. This paper would like to address determination criteria on contributory infringement by a non-staple product, based on the theories and precedents of Japan’s indirect infringement by a multi-functional product. For discussion of the contributory infringement by a non-staple product, a case where the non-staple product is described in the claims and a case where the non-staple product is not described in the claims will be considered. In determining the contributory infringement by a non-staple product, this paper proposes considering both economical value of the concerned non-staple product shared in a patented invention and economical value distributed in the markets.