The Research On The Judgment Rule Of Divided Patent Infringement

With the remarkable progress in the field of technology,as a common means of protection in the field of technology,multi-lateral writing claims are inevitable.This is because the method patent is a technical solution that people have developed to apply to the product's operation methods and processes to solve a certain problem.This feature and the complexity and diversity of the method patents on the current technical level will produce multiple subjects.Such as the case where a user,a device,etc.cooperate to implement a method patent.In this case,multiple entities need to be split between multiple steps,and a single entity cannot implement all the steps.According to the traditional infringement determination rules,there is no direct infringer,but if you do not protect such method patents,Infringement of the intent of granting its patent rights has resulted in the problem of determining the patent infringement infringement.This thesis analyzes the particularity of patent infringement infringement,selects the representative case of “Xidian Jietong v.Sony” as an example,and proposes the focus of this article and the case--the method of infringement in the case of patent infringement The rules are divided into three key issues: the direct infringement of the indirect infringement determination,the direct implementation of the behavior identification,and the definition of the special product scope.Finally,it draws on the supplementary rules of split infringement under the foreign indirect infringement system,combines the current legislative,judicial and law enforcement status in China,establishes the exceptions to directly identify the infringements and responsibilities,and constructs the identification rules of patent infringement infringement in China-"Direct implementation" five-step rule,based on the application of Article 119 of the Beijing Higher People's Court's "Guidelines for the Determination of Patent Infringement(2017)",establishing the legal behavior and technical and de facto “control and command”.The conduct of the behavior is directly implemented,and the actor is aware of the special product for non-material non-infringing purposes when the product realizes a certain function,and the infringement is determined,which is intended to provide reference for relevant judicial and law enforcement practices.