The Research On The Determination Of Divided Infringement Of Method Patents Involving Computer Programs

In recent years,with the rapid development of high and new technology,the number of patent applications and authorizations is increasing day by day,which also cause the subsequent problem of patent infringement to become more and more serious.Invention patents in China are divided into product patents and method patents.Among them,product patents involving computer programs protect the rights and interests of patentees through the protection of products,while the protection of method patents is faced with the difficulty of identifying infringement by splitting.Because the method patent split infringement involving computer programs has the characteristics of "program precedence" and "triggering",the existing three theories of direct infringement,indirect infringement and joint infringement can not effectively solve the problem of method patents split infringement.Therefore,the determination of patents splitting infringement involving computer program methods is an urgent problem to be solved.Combined with the current situation of China’s law,this thesis analyzes the theoretical viewpoints of direct infringement,indirect infringement and joint infringement and studies the relationship between them.This thesis further summarizes the characteristics of patent splitting infringement involving computer programs.Based on the in-depth analysis of the case of Zhiyong Zhao v.Meigao Culture and Sports Group(Shenzhen)Co.,Ltd.and the case of Xidian Jietong Wireless Network Communication Co.,Ltd.v.Sony Mobile Communication Products(China)Co.,Ltd.,this thesis explores the identification rules and liability issues of patent splitting infringement involving computer programs.Similarly,this thesis puts forward suggestions on the infringement identification rules of method patents split involving computer programs — based on the direct infringement determination rules and mainly on the indirect infringement determination rules,and adopts a prudent attitude to apply the common infringement identification rules.The dynamic design of "knowingly" and "special products" is proposed for the identification rules of indirect infringement,and the independent responsibility of the indirect infringer is investigated,which provides reference for judicial and law enforcement.