Research On Internet Industry Patent Protection

Since the beginning of the 21 st century,the information technology industry has profoundly changed the industrial model of traditional industries.New industries are springing up,among them,the Internet industry has become the main driving force for entrepreneurship and innovation.As a knowledge-intensive industry,technological innovation is the main way to create commercial value y.Attracting by the temptation of great commercial value,intellectual property disputes concerning the Internet industry are also increasing year by year.In order to protect intellectual property rights of the Internet industry,Resolving the contradiction between protection intensity,protection mode and industrial development degree is becoming the focus of related theoretical research in the field of legal intellectual property.Sogou baidu series patent dispute is the largest patent infringement dispute among domestic Internet enterprises in recent years.This paper aims to through analyzing the typical the series intellectual property disputes,search for the common problems in the field of intellectual property especially in the patent system,and explore a patent system more suitable for the Internet industry,summarize the existing research results,explore the characteristics of intellectual property in the Internet industry,especially patent rights,finally put forward some targeted improvement measures.In the first chapter,I briefly describes the progress of the case,and point out the controversial issues in the aspects of common sense judgment,patent stability,trial process and compensation standard.The second chapter,by focusing on the problems raised in the previous chapter,I discusse the differences and rationality between the judgment standard of common sense and the judgment scope of common sense in the patent review system;explore the reasons for the high proportion of invalid cases;aiming at the problems of long case handling period and low efficiency;try to analyze the common problem of circular litigation caused by the dual track system of patent litigation administration and civil trial in China;analyzes the reasons for the difficulty in determining the standard of compensation for patent infringement and the possible solutionsThe third chapter,I put forward suggestions on the judgment of public knowledge and the change of the dual track system of civil litigation and administrative litigation of patent disputes.Based on the characteristics of Internet industry patents reflected in this case,I suggested to establish an Internet industry association to solve the problem of insufficient marketization of sales patents and difficulties in Internet patent.