• Ziyin Zhu Doctoral Student,Graduate Schools for Law and Politics, The University of Tokyo

• Masayuki Tamaruya Professor, Graduate Schools for Law and Politics, The University of Tokyo

The so-called indirect patent infringement can be generally understood as manufacturing or selling parts of the patent. In most countries, it is set as a principle that unless an assumed product contains all the technical elements described in the patent claim, it should not be deemed as an infringement. However, with the indirect infringement rule, even if some elements are unfulfilled, the manufacturing or selling such product is still prohibited. The difficulty is under which situation can and should the principle be broken, or to say how should the requirements of indirect infringement be designed in law. This study would like to point out the questions remained unclear in China based on the current situation and then take the Japanese law as a comparison to try to find the answers.