「知財管理」誌
「知財管理」誌 検索
| 掲載巻(発行年) / 号 / 頁 | 1巻(2001年) / 1号 / 44頁 |
| 論文区分 | 論説 |
| 論文名 | Patent Enforcement for Computer Systems |
| 著者 | 特許第1委員会 |
| 抄録 | With the recent progress in digitization and networking, there are an increasing number of products incorporating computers that are subsequently connected to a network. The following points are generally said to be present in the infringement issues for computer system’s patents. (1) Recent computer systems are constructed from a combination of a number of products manufactured by different makers. Under the circumstances, a patent holder of a whole computer system’s patent cannot enforce his/her patent right based on a direct infringement against a part of those makers. (2) Hardware and software products become independently available from on the market due to the widespread use of personal computers. Under the circumstances, a patent holder of a combination of hardware and software patent cannot enforce his/her patent right based on a direct infringement against hardware makers and software makers. (3) Since there are so many combinations for constructing a system to implement a certain function, there may be a case in which, even though a function on its face is equivalent to that of the patent, it does not necessarily follow what is worded in the claims of that patents. This article discusses patent infringement issues with more focus on the application of contributory infringement and the doctrine of equivalents. It further discusses how the patentenforcement should be achieved from the viewpoint of the balance between the patent right holder and a third party. This article has been published in “CHIZAI KANRI” (Intellectual Property Management) Vol. 50, No. 7, pp.987-1007, 2000. |
