Research On The Applicable Of Patent Infringement Rules By Multi-agent Method

Joint tort and patent indirect infringement is to solve the multi-agent method patent infringement of two paths,the common infringement is the theoretical basis of constructing the patent indirect infringement system,countries outside in solving the problem of the multi-agent method patent infringement,Most of them have experienced the change from the common tort theory to the indirect tort legislation,among them,the United States has realized to the transition of statute law,case law,Germany and Japan to realize the change of the civil code to specialized law.However,in China,the theoretical and practical circles have not reached a consensus on whether to adhere to the traditional theory of joint infringement or to realize the legislation of indirect patent infringement.When dealing with the multi-agent method patent infringement disputes,China should base on the current legal system and appropriately draw lessons from foreign legislation and cases.In the judgment of direct patent infringement,the "control or command" standard in American judicial practice can be used for reference,desalination of the subjective meaning of the main elements of the connection,emphasis on the objective relevance of their behavior,shall be investigated in method patent process control role behavior person direct infringement liability.In addition,China’s patent indirect infringement on the legislative model of a yuan legislation pattern,can take to help infringement legislation but need to take cautious stance,in legal form,to help the establishment of the infringement to the principle of "slave" "independent" as the supplement,help the infringing goods should be implemented for patent involved have substantial effect,and no other reasonable use,subjective requirements actors have subjective fault.In the way of liability,the indirect tortfeasor bears independent liability,but not joint liability.