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Research On The Judgement Of The Method Patent Infringement Of Cloud Computing

Posted on:2014-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:L H XingFull Text:PDF
GTID:2256330425972818Subject:Law
Abstract/Summary:PDF Full Text Request
Abstract:The definition of method patent infringement of cloud computing is without permission of the patentee to implement the patent,for the purpose of the operation. The definition of judgement of the method patent infringement of cloud computing is the people’s court judging the implementation of the Patent Act whether Constitute infringement.There are three difficulties in judging cloud computing method patent infringement. First there is much divided infringement, second transnational infringement is general. Third the allocation of burden of proof is difficult.The principle of universal coverage can not be used in judging divided infringement. The theory of direct-tort, indirect-tort and join tort can not apply to judge divided infringement. Use command and control standard is reasonably practicable. As long as there is a people command or controll the entire process of patent infringement and each of them can be attributed to the controller, the controller will constitute patent infringement.Transnational infringement of patent refers to the act of patent infringement is not completely in one country but occur in many countyies.Transnational infringement destroyed the regional of patent. Domestic law have legal loopholes can not control transnational infringement. So to perfect the present legal system is needed.We can learn from the United States Patent Law of271(f).According to this Law when fit some conditions patent law can destroy the regional of patent. Because the present implementation of cloud computing method patent are often not external.And the implementation process is only some digital code. External we can perceive only the implementation results.So under the current laws the patentee to obtain the infringer evidence is very difficult. Here law of civil procedure and patent law both can’t use. We urgently need to adopt a new way. Combine evidence preservation judicial expertise would be a better strategy.
Keywords/Search Tags:cloud computing, method patents, divided infringement, transnational infringement, burden of proof
PDF Full Text Request
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