The Judgment Of The Divided Infringement Of Muti-step Method Patent

The method patent in the Internet environment adopts a multi-side drafting method based on the technical characteristics of the interconnected network,and faces a new form of infringement that is implemented by the unintentional liaison and split of multiple entities in the specific implementation.Our country’s existing laws and judicial interpretations of patent infringement have obstacles to the application of such infringement problems.Whether to apply direct infringement,indirect infringement,or joint infringement of unintentional contact,judicial and theoretical circles have not reached a unified standard.The method of assuming responsibility for joint infringement without intention to contact will result in the expansion of the scope of attack,and it is not appropriate to apply the theory of joint infringement to solve this problem.The United States has established the "control or direct" standard through many years of judicial practice to integrate the behavior of multiple subjects and determine that the command and controller among them bears the ultimate tort liability.It is recommended to introduce this standard to improve my country’s direct infringement theory.The“irreplaceable substantive role” standard established by the Supreme People’s Court of our country essentially starts from the technical characteristics of the product,integrates the actions of multiple subjects,and determines that the product provider bears the tort liability,which is more in line with the “indirect infringement It is recommended to use this standard to improve the theory of indirect infringement.According to the implementation behavior of the multi-subject split implementation method patent,it is recommended to determine the infringement according to the type.