Research On Method Patent Separation Infringement Determination Under Cloud Environment

The method patent in the cloud environment refers to a technical solution with multiple steps that can be split and implemented by multiple subjects in the Internet or big data environment.In the cloud environment,large-scale method patent infringement occurs.Such patents are characterized by multiple parties participating,and each subject only implements part of the steps of the method patent.It is difficult to apply the "full coverage principle" to determine infringement.Therefore,it is necessary to find out the applicable rules for the separation of patent infringement of the method of determination.First,starting with basic concepts such as method patents and cloud environment,identify the various subjects involved in the implementation of method patents in the cloud environment,and propose that the main features of the implementation of method patents in the cloud environment are the absence of intentional communication between the subjects and the difference in the status of the subjects and the regions.It is characterized by an increase in cross-border implementation.It is believed that the separation of infringement of method patents in the cloud environment will help protect method patents and promote the development of the network industry.Secondly,it analyzes the applicability of the joint tort rule to determine the separation infringement.It is believed that the current standard of joint infringement is tilted from joint fault to joint behavior,which becomes the basis for determining separate infringement as joint infringement;at the same time,it is proposed that the preparation of personal behavior as a tort does not need to bear responsibility.The problem of establishing a joint infringement.Thirdly,it analyzes the applicability of the indirect tort rule to determine the separation infringement.Trace back the generation and evolution of indirect infringement,think that indirect infringement is born out of joint infringement;put forward that when establishing method patent separation infringement,the establishment of indirect infringement must adhere to the premise that direct infringement is premised,and believe that joint infringement and direct infringement can be applied Under the premise of regulating method patents in the cloud environment,there is no need to break through the existing regulations and set up new indirect infringement regulation method patent separation infringement.Finally,it analyzes the applicability of the direct infringement rule to determine the separation infringement.It is believed that the method patent separation infringement cannot comply with the principle of comprehensive coverage because the steps are separated and implemented,but the steps implemented by multiple subjects cover all the patented technical features.Therefore,according to the ideas provided by different subject positions,the innovative application of the "control or command" standard makes the control or commander constitute an alternative direct infringement.Regarding the identification factors of control or command,the original control standards should be clearly specified,and the determination of how much auxiliary control or command standards should be included in the profit is included.