Research On Cloud Computing Patent Rights Protection

Currently, cloud computing has become the hottest modes of calculation and supply in IT industry; it brings a new round of rapid development of the industry and set off another revolution. The traditional senses of cloud computing services normally include three levels:Infrastructure as a Service (IaaS), Platform as a Service (PaaS) and Software as a Service (SaaS). In the patent rights field, whether the cloud computing services can be the object of patent protection, and whether the cloud computing business methods are patentable remains controversial, at the same time, the unique technical characteristics and calculation rules of cloud computing, make them different from other patents. Nowadays, competition among countries not just exists in economic terms, also exists in science and technology, as an important means to protect scientific and technological achievements, patent rights attract universal attention of countries, and they are not only a kind of civil right, but also become necessary deployment of national competition and intellectual property strategy. The U.S. and China are the major place in cloud computing research and application; they are the largest countries in cloud computing patents disclosure and emerge plenty of cloud computing patents, which can be applied in practice. Therefore, before we protect cloud computing patents better, we first need to analysis how patent rights protect cloud computing, and how cloud computing challenges traditional patent rights based on theories related to fundamental patent rights research.However, as with all new things, the academic research on cloud computing patents is still in its infancy, and the results are dispersed and many problems remain inconclusive. Under such circumstances, focusing on the areas and methods of cloud computing patent protection through cloud computing technology, services form and nature, as well as imputation on cloud computing infringement, can provide a reference to cloud computing patents applications of enterprises, the focus of patent examiners and the plans of state cloud computing development.The analyses above shows that the researches on cloud computing patent rights protection include the following aspects:first of all, understand the research background and methods of cloud computing patent protection, using literature research, investigation, analysis and comparison to discuss systematically. Secondly, examine cloud computing and its basic theory related to patents, sort out the meaning of cloud computing, its services forms, key technologies, and general way of development, as well as the basic principle, granted conditions of patent rights. Thirdly, analysis challenges to traditional patent rights protection made by cloud computing, propose properties of patentable part of cloud computing, and analysis whether cloud computing business methods can be patented and its substantial elements through the history and application in our country of business methods patents. Then describe negative reasons of cloud computing calculation rules patentability. Fourthly, discuss cloud computing patent protection. Because there are some conflicts between cloud computing and traditional patent law, we need to apply Patent Law flexibly, broaden the scope of patent protection, and clear interests of the stakeholders in the course of cloud computing patents protection. In addition, we need to strengthen legal restraint on cloud computing infringement based on the unique properties of cloud computing which lead to difficulties of burden of proof, subjects, behavior, location found. Fifthly, according to the foregoing demonstration, cloud computing has had a profound impact on the IT industry, even on mode of production and life. Development trend analysis of cloud computing is conducive to summarize new delivery and consumption patterns to the industry, to bring opportunities and challenges to different enterprises, also to advocate the importance of cloud computing patent rights protection and to provide basis for our country and enterprises to formulate cloud computing patents strategies. In recent years, the development of cloud computing is in full swing, it is foreseeable that the future of cloud computing will usher in a period of rapid development. In this process, patent rights must be the object for which many companies compete. Thus, industries and countries should take necessary and reasonable legal means to protect cloud computing patents, to deploy patent rights strategy under cloud computing background.