Research On Patent Infringement Liability Of Multi-subject Implementing Method

Due to the existence of multiple implementers,compared with the general patent infringement,the trial of the patent infringement case of the multi-agent implementation method is more difficult.On the one hand,according to the principle of full coverage of patent infringement,there must be one party who has implemented all the steps required by the patent method,and all the subjects have only implemented part of the steps,which is not enough to identify direct infringement;On the other hand,identifying indirect infringement requires the existence of direct infringement as a prerequisite,and there are also obstacles to this path.The traditional infringement determination rules encounter difficulties in the face of multi subject implementation method patent cases,and the legitimate rights and interests of the patentee cannot be effectively protected.Therefore,it is the only way to study the determination of multi subject implementation method patent infringement.Based on the case of Tengda,this paper introduces the difficulty in identifying the patent infringement of the multi-agent implementation method,and then analyzes the difficulties encountered by the traditional infringement rules in identifying the patent infringement of the multi-agent implementation method.In response to these difficulties,the author studied the "control or command" standard in the United States and the "substantive solidification" rule established by Chinese courts in the Tengda case,clarified the elements of the "control or command" standard,and clarified the applicable space of the standard in China;At the same time,the "substantive solidification" standard established by Chinese courts is clarified,clarifying the scope of application of this rule in China.Finally,the author draws inspiration from the analysis of the case.To improve the patent infringement system of the multi-agent implementation method,there can be two countermeasures: first,clarify the theoretical basis for the determination of patent infringement of the multi-agent implementation method,abandon the indirect infringement rules that do not conform to China’s legal status quo,and introduce the "control or command" standard of the United States while improving China’s "substantive solidification" standard,Combining the characteristics of the "control or command" standard and China’s "substantive solidification" standard,and the specific situation of the case,selectively apply the two standards;The second is to improve the patent infringement system of multi-agent implementation method through legislation,and clearly define the concept and elements of patent infringement of multi-agent implementation method in China’s Patent Law.