Research On Multi-infringement Of The Method Patents

With the development of science and technology,in the 21 st century,there are more and more communication technology patents.These new method patents are mostly completed by a number of subjects,which complete all the steps of the method of patent.Different subjects have different division of labor.After all of these steps,the technical program would be completed.However,when the patent damage occurs,no one complete the entire technical program.If we judge the infringement by constitutive conditions of infringement,even if the damage occurred,the participation of the main body does not constitute infringement.About multi-step method of patent infringement,the responsibility of its participants should be divided,what principles should be used to divide is an urgent problem to be solved.This paper is divided into six chapters.The first chapter summarizes the background of the article.The second chapter talks about the characteristics of the method patents and multi-participant method patent infringement problem.Therefore,in determining the scope of protection of method rights,the method claims should be clarified,which also analyzes whether the theory of indirect infringement can be applied to multi-infringement of method patents.The third chapter analyzes the application of the common tort theory on the patent infringement of the multi-participant method in the legal system.In addition,this paper analyzes the method of online banking payment related patents,and concludes the concrete infringement theory of multi-participant method.In the fourth chapter,based on the analysis of the second part,the author points out that there are some shortcomings in China's multi-step approach to solve the patent infringement under the current legal system.Nowadays,the "cloud computing" and other network technology developed well,the perpetrator has no intention to contact the patent right to cause damage.So that criminals may use the rules to determine the infringement,to circumvent the elements of infringement,to damage the legitimate rights and interests of the relevant patentee and profit.The fifth chapter of the article,combined with foreign case analysis,to explore the applicable rules in China,proposed to build China's patent infringement theory system.Intimate contact should apply the common tort theory,and clearly apply the common tort theory to determine infringement.The premise of common subjective fault,when involved in the act of unintentional liaison,it should be flexible to apply the theory of luring infringement.In the sixth chapter,it concludes that the laws and regulations related to Chinese patent cannot be updated in time.Therefore,the existing laws and regulations cannot effectively solve the problem of patent infringement in patent field.We can learn from the experience of all parties,combined with China's actual situation to develop China's system of induced infringement,and the balance of interests of the patent rights is the guidelines of system perfection.