Research On The Patent Protection Issues Related To The Cloud Computing Technology

Cloud computing, which is an IT industry revolution, had a profound impact on the Internet industry, even on the normal people’s lives. The leading IT companies around the world have participated in the cloud computing industry. Many countries have draw up projects about development of the industry. China is not the pioneer of this revolution, but China is gradually becoming the giant in the cloud computing industry.The long-term and healthy development of the industry is closely related to the intellectual property protection. So, the cloud computing patent and its protection matters need our serious treat. This paper discusses the basic theory of the cloud computing patent protection based on the existing research results, including the patentability of the business method patent and the cloud computing patent.The patent protection of the cloud computing technology, naturally, inextricably contains two levels: the system level as well as the enterprise(the obligee) level. This paper puts forward the suggestions about the application for cloud computing patent in China. This paper refers to a large number of literature, have a view on the American judicial practice, and analyzes the Separate Infringement problem and its recent judicial practice. By using for reference foreign experience, and combining it with the present situation of cloud computing industry in our country and the related patent legislation, it mainly discuss the matter of the cloud computing patent’s separate infringement, and the matter of the burden of proof about cloud computing patent infringement. It also offers the proposals to improve the legal system about the cloud computing patent’s separate infringement and the burden of proof. In consideration of the risk of future’s protection of the cloud computing patent from the enterprise perspective, it offers suggestions to avoid this kind of risk. It also puts forward the application strategies and the advice of the application writing skills. It analyzes the cloud computing enterprises’ patent strategy. This paper also analyzes the matters existing in the stage of vetting,including the patent’s creative requirement obstacle which exists in the review process,the technical implementation barriers by specification, pure business-method barriers. It comes out with the suggestions about writing skills of the patent application to increase the patent authorization opportunity. Only the two aspects of the patent protection combined with each other, it could prevent future patent risk of cloud computingtechnology.