Performance of and Limitations to Method Patents

• Main Authors: Kuo-shu Wang, 王國旭
• Other Authors: Wei Lin Wang
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/26206682585692298625

碩士 === 世新大學 === 法律學研究所(含碩專班) === 100 === Broadly-defined infringement of method patents have two categories, can be divided into single-party of the infringement and several-parties infringement. When infringement of a method patent result from the participation and combined action(s) of several entities, they are all joint infringers and jointly liable for patent infringement. Specific-defined infringement of method patents have three categories, can be divided into direct infringement, inducing infringement and contributory infringement. Direct infringement of method patents involving 35 U.S.C. 271 (a), a method claim is directly infringed only by one practicing the patented method. Inducing infringement of method patents involving 35 U.S.C. 271 (b), the inducer must lead another to engage in conduct that happens to directly infringe a method patent as an infringer, the inducing infringement requires the substantial evidence of direct infringement, the inference of inducing infringement must base on a limitation requirement of “Knowledge” and another limitation requirement of “Willful blindness”. Contributory infringement of method patents involving 35 U.S.C. 271 (c), contributory infringement should be one person help others to perform the whole of a method patent by the participation and combined action(s) of others, and therefore caused infringement, the inference of inducing infringement must base on a limitation requirement of “Knowing”.