Research On Method Patent Infringement Judgment Of Multi-Implementer

In the field of network and communication,most patents involve a certain technical method,which is a method invention patent.Based on the interactive characteristics of technology in this field,the steps of related method patent technical solutions are often implemented by more than two subjects.In the situation,there are difficulties in the application of the traditional comprehensive coverage principle and the single subject rule.However,the lack of liaison between each implementing subject and the particularity of patent infringement determination make it difficult to apply the joint infringement rule in civil law.Therefore,when judging infringement,not only is it difficult to identify the infringer,but it is also difficult to determine the nature of the infringement.Finally,for the occurrence of damage consequences,no actor can be held accountable.After studying and analyzing the infringement determination of multi-subject method patents abroad,the United States and Japan,under the legislative system of direct infringement and indirect infringement of patents,have expanded the interpretation of direct infringement to apply the rules of direct infringement for regulation.Among them,in order to make up for the shortcomings of the traditional direct infringement rules,the United States has gradually developed and perfected the "control or direction" standard in judicial practice.Japan also correspondingly developed the "instrumental theory" and the "dominance theory",but they all lack clear application conditions.However,Germany separates indirect patent infringement from direct patent infringement,so that the existence of direct infringement is not required to establish indirect infringement of a patent.Therefore,in Germany.it is possible to apply the rules of indirect patent infringement for regulation.To solve the similar problems faced by our country,we should base ourselves on our own judicial practice and traditional tort theory,and make appropriate improvements to relevant theories,systems and rules.Germany separates indirect patent infringement from direct infringement,which conflicts with my country’s judicial practice and traditional civil law theory.This approach of breaking through the subordination of indirect infringement has no room for application in my country.In fact,multi-subject method patent infringement is still a direct infringement in essence,and should be regulated by applying the theory of direct infringement.After years of development and improvement,the "control or direction"standard in the United States has become relatively mature and can be used as a supplement to my country’s patent infringement judgment standard.In legislation,the standard of "control or direction" can be established in the form of judicial interpretation as a supplementary standard to the current patent direct infringement determination standard in my country.Through this standard,the dominant infringing subject can be identified among multiple implementing subjects.And then investigate its direct infringement responsibility.In judicial practice,the specific application of the adjudication rules is mainly to clarify the constituent elements for determining the establishment of control or direction of the infringing su bject among multiple implementing subjects,among which,"knowingly or should know" is the subjective element;The implementation of "control or direction" is an objective element.