On the Establishment of Patent Infringement Offense: A Perspective on the Expansion of Patent Rights

Abstract

The advancement of science and technology has spurned an expansion in patent entitlements, particularly evident in the extension of the object, content, and term of these rights. Currently, the world's criminal legislation is in the trend of criminalization, the expansion of patent rights further promotes the criminalization of patent protection and is embodied in the change process of the patent legal system. To comply with the trend of criminalization of patent protection, it is necessary to establish the offense of patent infringement. This is not only an effective way for criminal law to play its role as the ultimate safeguard, but also an important system for encouraging market competition and promoting economic development.