The Research Of Liability Structure In Divided Infringement Of Process Patents

The divided infringement in method patent refers to a method patent, people involved in the implementation of the method patent, but no one person completes all of the implementation steps of the method patent. In real life, more reflected in the implementation of some of the steps producer disputed patent, after the manner of teaching consumers of the specification to implement the remaining steps.In 2014, the US Supreme Court heard the Akamai case, the Federal Circuit Court of Appeals rejected the method for patent infringement to take divided ways recognized by the inducement of infringement judgment and remand. The court held that a direct infringement of the patent, should apply "command and control" rule and the principle of BMC and Muniauction two cases established that if the party does not control or command for the conduct of third parties, it can not be a third person to assume the tort liability act, and then based on the principle "There is no direct infringement of indirect infringement", it is determined Akamai should not bear tort liability lure. Subsequently Circuit Court of Appeals has made a new decision, the debate is still not subsided.About process patent infringement separate lure long-standing problem, the current domestic and foreign did not find a perfect solution, although the United States Supreme Court Justice provides a solution for this problem, but it is still not deeply in its judgment analysis of some problems, resulting in separate method patents have not been a completely convincing conclusion, so the legitimacy of the Supreme Court made a judgment there are still many questions.With respect to the United States, our country there is no system of indirect infringement, "People's Republic of China Patent Law" stipulates that patent infringement shape and exemptions, and specific tort liability should be addressed in the "People's Republic of China Tort Liability Act," the system. Therefore, we can not transplant some American theoretical specific system improvements and design.So far, China has not yet appeared on major cases separate infringement, however, there is some scholar's attention in China to this issue and the related discussions. Although several proposed solution has merit, but not a perfect solution to this problem.By re "full coverage principle" to interpret, and thus that the American scholar BenAiken proposed "the last step" principle has some practical significance, namely the completion of the other constituent elements method patents last step actors if they meet the infringement, should assume direct responsibility for the infringement?...