Research On The Problem Of Patent Infringement In The Context Of Multi-dimensional Implementatio

From the beginning of the birth of the patent system,patent rights have been continuously expanded because of the development of technology,and in order to resist the expansion of patent rights and prevent the abuse of patent rights,countries have also introduced patent rights restriction clauses,which are the game between the monopoly interests of patentees and the public interest.The field of electronic communications,cloud computing and computer software related fields belong to the current emerging technology,due to the particularity of the technology,in the patent claim drafting more multi-sided writing,which determines that the patent technology needs multi-subject multi-step interactive realization,because of this feature,coupled with the current single-subject rule of patent infringement determination,a large number of subjects only implement part of the steps,but in essence damage the monopoly interests of the patentee.In this case,on the one hand,the monopoly interest represented by the patentee,on the other hand,the reasonable circumvention right enjoyed by the public,how to balance the interests of the patentee and the public interest has become the deep connotation of the problem of patent infringement in the context of multi-subject implementation.Based on this,this article seeks to find a solution that can achieve this balance from multiple perspectives.The main text of this article,in addition to the introduction,consists of four chapters:The first chapter is "Dilemma of Patent Infringement Determination in the Context of Multi-Agent Implementation".This chapter mainly clarifies the definition,constituent elements and basic characteristics of the issue of patent infringement in the context of multi-subject implementation,the most important of which is to clarify the basic characteristics,that is,method patents involving special fields,two or more people participating in the implementation,uninteresting contact between subjects and the attributability of infringing subjects,and the basic characteristics of this issue can provide a basis for subsequent arguments and provide solution ideas.Based on this,this chapter clarifies the criteria for determining patent infringement respectively,clarifies the difficulties in determining patent infringement in the context of multi-subject implementation,and finally analyzes the traditional majority infringement theory one by one,and clarifies the shortcomings of traditional majority infringement in the application of this issue.All of the above are to provide theoretical premise and basic ideas for the follow-up in-depth analysis of the theory.The second chapter is "Approaches to Solving the Problem of Patent Infringement in the Context of Multi-Subject Implementation".This chapter points out that there are three main views in the academic community that address this issue:the theory of joint patent infringement,the theory of indirect infringement of patents,and the theory of direct infringement of patents.For the theory of joint infringement of patents,this chapter first clarifies the jurisprudence basis of the traditional joint infringement theory,on the one hand,in order to clarify the difference and connection between the traditional joint infringement theory and the patent joint infringement theory,on the other hand,in order to clarify that the traditional joint infringement theory cannot be directly applied to this issue.This is followed by an introduction to the theory of joint infringement of patents proposed by the academic community on the "Command and Control Standards" before borrowing.Provide ideas for subsequent arguments.As for the theory of indirect patent infringement,since there are many controversies in this theory,after clarifying the origin of the theory of indirect infringement of patents,this chapter discusses the legislation on indirect infringement of patents in the Patent Law of the United States,Japan and Germany,and finally evaluates the different views in the theory of indirect infringement of patents,so as to provide a basis for the subsequent in-depth analysis and discovery of the shortcomings of indirect infringement theory in solving the problem of patent infringement in the context of multi-subject implementation.For the theory of direct patent infringement,this article mainly discusses the rules of command and control established in the Akamai case.Finally,after comparing the three theories,it is clear that the problem of patent infringement in the context of multi-subject implementation in China should be solved by applying the direct patent infringement theory.Chapter 3 is "Correction and Reasonableness Analysis of the Theory of Direct Patent Infringement".This chapter mainly aims to theoretically revise the shortcomings of the direct patent infringement theory,propose the introduction of"substantive solidification standards" and "preset action mode and timing standards" at the legal level to create and improve the theory of direct patent infringement,and put forward the precautions and judgment ideas of judges when judicial.At the same time,the advantages of the direct patent infringement theory over the other two theories are demonstrated,and finally the rationality of introducing the direct patent infringement theory is analyzed from the perspective of systematization,legal economics and legal rhetoric.Chapter Ⅳ is "Judicial Practice Test of the Revised Theory of Direct Patent Infringement".This chapter mainly examines the advantages and applicability of the direct patent infringement theory in judicial practice from two typical cases,and then recommends that patentees adopt a unilateral drafting method when drafting patents,and suggest that patentees can use the right to stop infringement to safeguard their own interests.