Identification Of The Infringement Of Method Patent Division In The Context Of Cloud Computing From The Perspective Of The Akamai Case

The implementing behavior of method patent division in the context of cloud computing is a kind of behavior that several actors implement the steps of method patent respectively;neither of these actors will complete all steps of the patent,but the sum of their behaviors contains the overall steps.Taking the Akamai case as a typical example,America has established a relatively comprehensive regulation about the infringement of method patent division.Therefore,with the help of references that derive from achievements of judicial precedents in America,Chinese courts can make improvements in terms of clarifying the regulation to identify the infringement of method patent division in the context of cloud computing,hold the baseline of the principle of comprehensive coverage within the background of complex technological changes,and avoid improper expansion of the patent right and ensure the realization of legitimate interests of people at the same time to achieve the balance of interests between the patentee and among the public.In addition to the conclusion,this article is divided into five chapters:The first chapter is the introduction part,which mainly explains the research value of patent infringement in the cloud computing and cloud computing background and the increasing importance of the patent protection of cloud computing method in our country.The second chapter mainly introduces the concept,characteristics and application model of cloud computing,the interpretation of method patent in the context of cloud computing,and the dilemma of the determination of the infringement of method patent division.The dilemma mainly includes three parts:firstly,the characteristic of multi-agent implementation in division infringement makes it difficult to identify either joint infringement or direct infringement.Secondly,it is still whether indirect patent infringement must be based on the existence of direct infringement.The third chapter mainly explains the evolution process of regulations about the infringement of the implementing behavior of method patent division,including agency theory,a certain degree of connection theory and control or command standard.But considering the limitation of case law,the existence of logical contradictions and unclear contents of control or command regulations and some bad influences on the handling of subsequent cases,juridical practice needs to further improve these regulations.The fourth chapter analyzes the relationship between indirect infringement and direct infringement of method patent,describes two main viewpoints,namely "independent theory" and“subordinate theory" and compares the merits and demerits of the two.“Subordinate theory"believes that indirect infringement must be based on the existence of direct infringement;"independent theory'"thinks that indirect infringement is a kind of independent infringement act and its presence does not have to be based on on the existence of direct infringement.In the fifth chapter,the author points out the reference of the Akamai case to the determination of patent infringement in China,including how to identify direct infringement and the necessity to regulate indirect patent infringement independently.