The Research On The Judgmental Rule Of Inducement Method Patant Infringement In The Environment Of Cloud Computing

Since the twenty-first Century,with the rapid development of cloud computing,there are more and more infringement cases involving method patent in this field.This kind of method patent is different from the traditional product manufacturing method or product patent,and it is combined with the characteristics of cloud computing itself,such as no linear interaction,etc.,and it needs to be implemented by multi parties.In cloud computing environment,the temptation of method patent infringement will become a theoretical and practical difficulty.The problem of macro level is that it is difficult to identify direct infringement in the implementation of method patent splitting.The implementation of this resolution method patent infringement may constitute a form of the impact of the traditional method of patent infringement theory,the traditional method of patent infringement is directly emphasized the principle of comprehensive coverage and did not explicitly indicate that the number of people involved in the act;but the number of people split the behavior implementation of a patent,and single subject principle of the stealth requirements thus,the principle of comprehensive coverage is difficult to directly apply.In China,the main problem in the infringement of the method of patent splitting is the lack of feasibility in the application of the existing rules of the temptation.To solve these problems,some scholars tend to introduce American existing precedent standards,some scholars think China's "tort liability law" is the sixth solutions can be considered,but these theories have some problems,including subjective and damage elements is the core problem to solve.In the special environment of cloud computing,we should adhere to the principle of single subject,but the right of seduction must be based on direct infringement,which is not absolute.Under special conditions,it should be allowed to directly investigate the liability of the inducer.In the aspect of subjective elements,the connotation,scope and criteria of "clear knowledge" need to be concretely made,giving sufficient guidance to practice.