Judging The Divided Method Patent Infringement

Method Patent Separate infringement refers to a method patent with multiple steps in the claims,and multiple steps are performed by different actors,which leads to the illegal behavior of the patentee’s interests.The method patent of the multi-agent implementation described above involves multiple actors in the implementation process,and multiple actors implement the technical solution defined by the method patent claims jointly or interactively.Multi-agent implementation method patents are common in the field of information networks,and are presented by processing methods,usage methods,communication methods,and other methods implemented by multiple parties.In 2014,the US Supreme Court rejected the “inducing only” theory established by CAFC in the Akamai case and sent it back for retrial.The Supreme Court insisted that the Akamai case be reinstated to the “command or control” standard established by the BMC case.If the perpetrator does not direct or control a third person,he cannot be held responsible for the infringement due to the actions of the third party.In the United States,although the court has already ruled many methods of patent-separated infringement cases,it still has not found a good solution.The result of the different standards of the courts has led to the separation of the method patent infringement problem,which has not yet formed a completely convincing solution.After the Akamai case,some scholars in China began to pay attention to the method of patent separation and infringement,and proposed a number of solutions.In the case of the "Xidian Jietong Communication v.Sony" case known as the "Chinese version of the Akamai case" in 2018 In March final review,discussions on the separation of method patent infringements reached a new climax.According to the American method patent separation infringement identification standard and China’s existing legal system,this paper constructs the method of patent separation and infringement identification in China by introducing the "command and control" standard.