Research On Protection Of ICT Method Patent

ICT technology makes it possible for the "Internet economy" which is popular today.In contrast,the protection of ICT method patents by patent law is relatively limited and needs to be improved.The implementation process of ICT method patent is often carried out by several subjects separately,and there is no intention contact between the subjects,so it is difficult to determine the infringement;The intangible characteristic is more obvious than other types of patents,and it is difficult to prove infringement;The traditional view is that it does not have corresponding products and the scope of protection is limited.In terms of infringement determination,there is no applicable space for direct patent infringement and joint patent infringement.Introducing the majority infringement theory into the infringement determination of ICT method patent,combined with the "principle of comprehensive coverage" and "single subject rule",we can effectively determine the infringement of ICT method patent.In view of the difficulty of providing evidence,improving the application of evidence disclosure system in ICT method patent infringement cases can achieve substantial fairness and improve the trial efficiency.In the system design,the burden of proof,the protection of trade secrets and other legitimate rights and interests of both parties shall be comprehensively considered.At the same time,measures such as pre-litigation evidence preservation and punishment of obstruction of proof shall be taken to ensure the efficient operation of the evidence disclosure system.Faced with the limitation of the scope of protection,the traditional view holds that the ICT method patent is a simple use method patent and does not have a corresponding product.In fact,the ICT method patent is closely related to the special components,and there is a corresponding relationship.The protection of ICT method patent can be improved by extending the protection of special components and limiting them with the rule of exhaustion of rights,instead of the traditional protection path under the old understanding of "simple use method patent".