英文摘要 |
"In 2014, the U.S. Supreme Court overruled the Federal Circuit’s decision on divided patent infringement in Akamai, and once again emphasized that, in accordance with Article 271 (a) of the U.S. Patent Law, even divided infringement must depend on direct infringement. In the absence of direct infringers, the defendant will not be found liable for indirect infringement of Article 271 (b). The Akamai V judgment made by the Federal Circuit later on expanded the scope of direct infringement and became the criterion for subsequent cases in this regard. Artificial intelligence related patents can generally be considered as software and method patents. Therefore, their patent eligibility must also be determined according to the Alice/Mayo test. In addition, whether in the training of machine learning or the enforcement of artificial intelligence patents, a large number of third parties are involved, which is closely related to divided infringement. After discussing the recent divided infringement cases, this article introduces the relationship and risks between artificial intelligence patents and divided infringements." |