Research On Indirect Infringement Of Multi-Agent Implementation Method Patent

It is a difficult problem in theory research and judicial practice to identify the infringement of multi-agent implementation method patent.The typical case in this regard is the case of XIDIANJIETONG v.Sony.In this case,Sony provided the special mobile phone module for implementing the method patent to the public,in which some steps of the method patent were built.Does this act constitute infringement? What kind of infringement does it constitute? This problem has aroused widespread concern in the industry.However,the two courts in this case have different judgments and explanations,which reflect the complexity of the problem.In this paper,we study this problem and think that it is an indirect infringement to provide others with special products for implementing method patent.In order to prove this point,the author studies the relationship between indirect infringement,joint infringement and direct infringement,the constituent elements of multi-agent implementation method patent indirect infringement,and puts forward suggestions for improving the relevant system in China.This paper is divided into three parts.The first part explores the difficulties in the identification of multi-agent patent infringement in China,and points out that according to the current legal provisions and relevant theories,it is difficult to identify the behavior that provide others special products with implementation method patents as direct infringement,joint infringement or indirect infringement.First of all,the determination of direct infringement needs to conform to the principle of comprehensive coverage and the principle of single subject.Because any actor among multiple subjects participating in the implementation of method patent does not have implement all the steps of the method patent completely,it is difficult to determine that it constitutes a direct infringement of patent.Although from the actual consequences,the method patent of the patentee has been fully implemented.Secondly,according to the existing theory,it is found that each subject involved in the implementation of joint infringement has intention contact and the patent steps implemented by a single subject also need to reach a full coverage degree.Based on this standard,it is also difficult to identify that the act of providing equipment for the implementation of method patent constitutes joint infringement.Third,the determination of indirect infringement needs to be based on the premise of direct infringement.In such cases as the case of XIDIANJIETONG v.Sony,mobile phone users implement method patents.Their use belongs to personal non-profit use and none of the subjects has implemented a complete method patent,which does not constitute direct infringement.Therefore,it is difficult for the subject providing conditions for the use of method patents to be identified as indirect infringement.In the second part,the author analyzes whether the multi-agent implementation of method patent is an infringement from the perspective of legal interest infringement,and points out that the multi-agent implementation of method patent essentially damages the interests of the method patentee,which should be included in the scope of patent infringement.Then the author analyzes what kind of infringement the multiagent implementation method patent belongs to? Is it a direct,joint or indirect infringement? The author analyzes various views of the academic community,and draws a conclusion through comparison: the infringement of multi-agent implementation method patent should be recognized as indirect infringement.In the third part,the author analyzes the constitutive requirements and liability of indirect infringement of multi-agent implementation method patent,and holds that the constitutive requirements include objective act,damage result,causality and subjective fault,among which the objective act is the act of providing special articles for infringement,and the damage result is that the market interests of the method patentee are impaired,and the causality belongs to multiple causes and one effect.The subjective fault form should be intentional.In terms of liability,if there is direct infringement,the indirect infringer shall bear joint and several liability with the direct infringer.If there is no direct infringement,the indirect infringer shall bear independent liability.Through literature research,comparative research and case study,this paper studies the relevant issues,and puts forward suggestions to improve the indirect infringement system of multi-agent implementation method patent,hoping to make a modest contribution to solve the problem of multi-agent implementation method patent infringement.