Research On The Judgment Of Multiple Parties Patent Infringement

How to judge patent infringement is the core issue in dealing with multiple parties patent infringement disputes,and it is also one of the most controversial issues.In judicial practice,it can not be judged that any of the actors in the multiple parties patent infringement cases of "multiple parties,non-common intention contact,non-existence of actors’ complete implementation of acts conforming to the principle of comprehensive coverage" constitutes patent infringement.Multiple parties patent infringement has its unique characteristics,which is different from single-subject infringement.The multiple parties patent infringement has the following characteristics: the diversity of the participant’s participation,the complexity of the intention contact between the participants,and the difference of the participant’s identity and purpose.When judging patent infringement,we should return to the judgment itself of the constitutive elements of the infringement,and judge the objective harmful acts that conform to the constitutive elements of the infringement as patent infringement.Otherwise,the judgment will not constitute patent infringement.The function of the principle of full coverage or the principle of equivalent infringement in the principle of patent infringement determination is to determine whether the objective act of a defendant infringement falls into the scope of patent protection,that is,whether it constitutes an act of patent enforcement,rather than whether it constitutes a civil tort.Whether it belongs to "the act of patent enforcement" is an objective and factual judgment,but whether it constitutes a civil tort is a judgment of legal value,the two should be strictly distinguished.The constitutive elements of multiple parties patent infringement include two types of objective injury,objective damage consequences,causality of multi-cause-one-result type and subjective fault elements corresponding to the principle of imputation.In the case of single person infringement,it can be classified as patent direct infringement and patent common infringement;in the case of multi-person infringement,it can be classified as patent joint infringement and patent assistance infringement according to the situation of intention contact.If multiple subjects are judged to constitute infringement butdo not conform to the situation of joint infringement of patent and patent Contributory Infringement,it can be considered that each other only constitutes infringement separately,without joint and several liability in the form of joint infringement or Contributory Infringement,but only independently bear civil liability.