A Study On The Judgment Of The Method Of Patent Separation Infringement As Direct Infringement

With the rapid innovation of Internet wireless technology,there are more and more patent infringement cases involving methods in the field of communication.This type of new method patent infringement is different from traditional product manufacturing methods or product patent infringement cases,combined with the Internet's own wireless,interactive and other characteristics,and needs to be implemented by multiple parties.Under the relatively mature patent law system of the United States,the determination of the infringement nature of patent separation for unintentional liaison has been swayed for ten years between patent direct infringement and patent indirect infringement,and was finally recognized as direct patent infringement in the final review of the Akamai case.China's "Patent Law" has not introduced patent control and guidance standards or expressly stipulates patent indirect infringement system.In view of this,the nature of method patent splitting infringement should be discussed,and the design of patent infringement infringement system of China's method is proposed.For the identification of infringement of patent infringement methods,there are three views in the academic world,namely direct infringement,inducement of infringement and joint infringement.Starting from the uncharacteristic method of patent separation and infringement,the nature of such behavior should be direct infringement,and control and guidance standards should be used in regulation.On the basis of theoretical analysis,through the case of the United States and China,the existing American control and guidance standards are insufficiently recognized,and the understanding of control and guidance standards is proposed.At the same time,it should be seen that the academic community has no complaints about the nature of patent infringement or infringement of patent infringement.It does not exclude the use of patent indirect infringement.Several people infringement system regulation,and proposed the corresponding system concept.