Research On The Judgment Of Multiple Parties Method Patent Infringement

The multi-agent method patent infringement determination problem refers to how to determine the infringement when multiple subjects implement each step of the method patent respectively,but there is no single direct infringer who formally meets the traditional patent infringement determination standard.The judgment of multi-agent method patent infringement is often in the vortex of direct,joint and indirect infringement theory.In the existing typical cases in China,the court of justice in the "IWNCOMM case" focused on the identification of indirect infringement.The opposite judgment results of indirect infringement in the first instance and the second instance showed two completely different attitudes."Tengda router case" puts forward the "substantive solidification" standard,which provides a new thinking direction for the determination of direct infringement of multi-agent method patents.According to China’s current legal system,patent indirect infringement should adhere to the subordination theory.If it cannot be proved that there is direct infringement in multi-agent method patent infringement,it is difficult to apply the subordination theory of patent indirect infringement on the premise of direct infringement.The subjective theory of joint tort has the problem of difficult proof,and the objective theory has theoretical defects.The principle of "control and command" based on American alternative responsibility needs to be clearly stipulated by law.On the whole,the rule path of direct infringement is more feasible than indirect infringement.From the perspective of substantive infringement,multi-agent method patent can establish direct infringement.First,we need to get rid of the entanglement with the direct implementer and clarify the differences between other subjects and responsible subjects;Secondly,the behavior of the responsible subject should also meet the "substantive solidification" rule to avoid the unreasonable expansion of the patent;Finally,we also need to judge causality and subjective fault.