| With the development of science and technology and economic globalization,innovation capability has become an important indicator of comprehensive national strength,and the intellectual property system is an important guarantee for enhancing innovation capability.Therefore,the protection of intellectual property rights has gradually received attention.In recent years,China ’ s awareness of intellectual property protection has been continuously strengthened,but disputes related to intellectual property have continued to emerge.As a focal issue in the field of intellectual property rights,the Infringement of Method Patents Performed by Multiple Entities is of great significance to the protection of method patents and the dissemination of innovative achievements.Different from product patents,method patents consist of a series of intangible steps instead of combining originals,which allows the claims of method patents to be implemented by multiple parties.Therefore,in the method patents infringement case by multiple entities,the multi-party infringers can implement some but not all of the steps in the patent without the permission of the patentee,which leads to serious infringement of the interests of the patentee.According to the principle of comprehensive coverage in the concept of direct infringement,it will lead to the failure to determine the acts of Infringement of Method Patents Performed by Multiple Entities,causing disorder and shaking market security.The article first refers to Dun Jun v.Teng Da case,combined with the judicial status of determining Infringement of Method Patents Performed by Multiple Entities,analyzes the classification and characteristics of Infringement of Method Patents Performed by Multiple Entities.Secondly,through the analysis of relevant laws and judicial practices,further discuss the difficulty of China’s current identification of Infringement of Method Patents Performed by Multiple Entities.Comprehensively examine the rules and experience of Infringement of Method Patents Performed by Multiple Entities in foreign countries.Finally,based on the actual situation in China,make recommendations for perfecting the Infringement of Method Patents Performed by Multiple Entities. |
