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掲載巻(発行年) / 号 / 頁	5巻(2005年) / 1号 / 18頁
論文区分	論説
論文名	Practical Issues Surrounding Indirect Infringement Law (35 U.S.C. §271b & c) ―Considering the differences between U.S. and Japanese law―
著者	国際第1委員会
抄録	The U.S. Patent Law provides for indirect infringement in §271(b) and (c). There is an accumulation of decisions of the Court of Appeals for the Federal Circuit (CAFC) regarding indirect infringement. On the other hand, in terms of Japanese Patent Law, although Section 101 providing for indirect infringement was amended by legal amendments in 2002, there is virtually no accumulation of judicial precedents after the amendments. This report raises matters concerning indirect infringement provisions, which are peculiar to the United States, from the CAFC decisions on indirect infringement, and suggests practical issues to be kept in mind by foreign companies from these viewpoints. In addition, indirect infringement provisions in Japan and in the United States do not completely correspond to each other due to differences in subject matter and the conditions for the act of an accused infringer. However, this report also presents practical issues in terms of the amended indirect infringement provisions of Japan by referring to these U.S. judicial precedents.

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