Analysis Of Patent Infringement Cases Of Multi-Subjects Method

The continuous development of technical interactivity raises a new problem of how to effectively protect patent rights,for multi-subject method patents,because of its characteristics that do not produce new products and are implemented by multiple subjects,strictly follow the principle of comprehensive coverage seems to be unable to investigate the tort liability of the perpetrators using patent methods.However,the actor manufactures a product that can implement a patent method is the root cause of his benefit,and the behavior should be regulated.By analyzing typical cases,it can be found that it is not that technological development has gone beyond the scope of the patent system,and that the understanding of the connotation of the technology scheme and the use of patent methods needs to be understood according to the nature of the patent method.The technical programme should be a process step towards achieving the same technical effect,provided that the technical facts can be ascertained.In the infringement comparison,we should adhere to the existing patent infringement determination rules with the principle of comprehensive coverage as the core,combine the characteristics of new technology,make an expansion interpretation of the use of patent methods,and include the act of manufacturing products that can implement patent methods in the use of behavior,so as to draw the conclusion whether it constitutes patent infringement.For the specific multi-subject method patent infringement cases,first of all,we should grasp the technical characteristics of the patent method for each subject to carry out the steps and the corresponding order,the patent method contains all the steps performed by the subject.The comparison technology scheme needs to be clearly defined by the use of technical detection methods,which is the sum of the steps performed by all subjects in the process of achieving technical effect sesame,rather than the steps performed by the individual entity itself.Further,to conduct an infringement comparison with the principle of comprehensive coverage,if the comparative technology scheme falls within the scope of protection of the patent method,it should be determined that the behavior of the perpetrator in manufacturing the relevant products constitutes the use of the patent method and constitutes patent infringement.The liability for infringement shall,in accordance with the principle of calculation of the priority of actual loss,make a profit distinction for whether the perpetrator is profit-making by implementing the patent act,and the actual loss of the non-implementing patent subject shall be determined according to the licensing fee,and the actual loss shall be calculated according to the licensing fee and the amount of profit of the alleged infringer combined with the relevant factors.