CN110807308A - Patent infringement judgment method based on block chain technology - Google Patents
Patent infringement judgment method based on block chain technology Download PDFInfo
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- CN110807308A CN110807308A CN201911069423.8A CN201911069423A CN110807308A CN 110807308 A CN110807308 A CN 110807308A CN 201911069423 A CN201911069423 A CN 201911069423A CN 110807308 A CN110807308 A CN 110807308A
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
- G06Q50/00—Systems or methods specially adapted for specific business sectors, e.g. utilities or tourism
- G06Q50/10—Services
- G06Q50/18—Legal services; Handling legal documents
- G06Q50/184—Intellectual property management
Abstract
The invention relates to a method for judging patent infringement based on a block chain technology, which comprises the following steps: A. establishing a patent database, extracting patent claims, numbering the patent claims as 1, 2, … … and N in sequence, decomposing each patent claim into M technical characteristics, wherein N and M are natural numbers, and the technical characteristics of each claim are combined into NM(ii) a B. Establishing a product circulation platform based on a block chain technology, wherein the supply and demand matching of the product circulation platform is matched based on independent technical characteristics or technical characteristic combinations; C. technical feature combination and N for judging matching successMWhen the matching is successful, the technical feature combination covers N comprehensivelyMAnd then, judging that the successfully matched product violates the claim N, solving the judgment problem of patent infringement based on a distributed accounting technology, and having high judgment accuracy, authentic evidence and trueness and effectiveness.
Description
Technical Field
The invention relates to the technical field of patent right judgment, in particular to a method for judging patent infringement based on a block chain technology.
Background
The block chain technology is a distributed accounting technology and has wide application scenarios in the future.
The development of intellectual property cause of China is limited by difficult evidence collection of patent infringement.
Disclosure of Invention
The technical problem to be solved by the invention is as follows: the invention provides a method for judging patent infringement based on a block chain technology, which is based on a distributed accounting technology, solves the problem of judging patent infringement, and has the advantages of high judgment accuracy, authentic evidence, trueness and effectiveness.
A patent infringement judgment method based on a block chain technology comprises the following steps:
A. establishing a patent database, extracting patent claims, numbering the patent claims as 1, 2, … … and N in sequence, decomposing each patent claim into M technical characteristics, wherein N and M are natural numbers, and the technical characteristics of each claim are combined into NM；
B. Establishing a product circulation platform based on a block chain technology, wherein the supply and demand matching of the product circulation platform is matched based on independent technical characteristics or technical characteristic combinations;
C. technical feature combination and N for judging matching successMWhen the matching is successful, the technical feature combination covers N comprehensivelyMAnd judging that the product successfully matched infringes the N-number claim.
Preferably, the technical features are the basic elements constituting the technical solution.
Preferably, the product is a product in the mechanical field, and the technical characteristics are as follows:
the components, which are referred to herein as the main parts included in the solution;
a part, a part included in a part or a product;
the structure of the part;
connection relationships and/or positional relationships between components; the connection relationship and/or the position relationship between the parts.
Preferably, the block chain technology is a digital supply chain technology;
the digital supply chain technology refers to the steps of displaying, monitoring, supply and demand matching and automatic screening of all links of production, circulation, use and circulation of products through the digital technology.
Preferably, the method further comprises value judgment:
① determining the value of each component of the product in J1, J2, … … and JL, wherein L is a natural number;
② determining the value of the combination relation of each component in the product O1, O2, … … and OQ, wherein Q is a natural number;
③ the sum of value J and value B is less than or equal to the total value of the product.
Preferably, the method further comprises the following steps of:
④ identifying the number P of possible infringements by each component of the product;
⑤ confirming the number Q of patent rights that each combination of products may infringe;
⑥ patent compensation amount is determined according to JL, P, OQ and Q values.
Preferably, ⑥ is a method of averaging.
Preferably, the product circulation platform performs supply and demand matching based on the technical characteristics of the patent and the information of the patent right.
Preferably, the product circulation platform determines the product infringement index of the supplier based on the number of patents owned by the patent owner and the contribution value of the owned patents to the product of the demand side;
the product infringement index is inversely related or opposite to the value distribution.
Preferably, the product is a chemical product, and the technical characteristics are as follows: the molecular formula of each compound, the mixing ratio and the combination form of the composition, or the molecular formula or the atomic formula of the single crystal.
The invention has the beneficial effects that: a patent infringement judgment method based on a block chain technology comprises the following steps: A. establishing a patent database, extracting patent claims, numbering the patent claims as 1, 2, … … and N in sequence, decomposing each patent claim into M technical characteristics, wherein N and M are natural numbers, and the technical characteristics of each claim are combined into NM; B. establishing a product circulation platform based on a block chain technology, wherein the supply and demand matching of the product circulation platform is matched based on independent technical characteristics or technical characteristic combinations; C. and judging the corresponding relation between the successfully matched technical feature combination and the NM, and judging that the successfully matched product violates the N-number claim when the successfully matched technical feature combination completely covers the NM.
Drawings
The patent infringement determination method based on the blockchain technology according to the present invention will be further described with reference to the accompanying drawings.
Fig. 1 is a flowchart of a patent infringement determination method based on a block chain technique according to the present invention.
Detailed Description
The patent infringement determination method based on the block chain technology according to the present invention will be further described with reference to fig. 1.
A patent infringement judgment method based on a block chain technology comprises the following steps:
A. establishing a patent database, extracting patent claims, numbering the patent claims as 1, 2, … … and N in sequence, decomposing each patent claim into M technical characteristics, wherein N and M are natural numbers, and the technical characteristics of each claim are combined into NM；
B. Establishing a product circulation platform based on a block chain technology, wherein the supply and demand matching of the product circulation platform is matched based on independent technical characteristics or technical characteristic combinations;
C. technical feature combination and N for judging matching successMWhen the matching is successful, the technical feature combination covers N comprehensivelyMAnd judging that the product successfully matched infringes the N-number claim.
The invention is based on the distributed accounting technology, solves the judgment problem of patent infringement, and has high judgment accuracy, authentic evidence and trueness and effectiveness
In this embodiment, the technical features are basic elements constituting the technical solution.
In this embodiment, the product is a product in the mechanical field, and the technical characteristics are as follows:
the components, which are referred to herein as the main parts included in the solution;
a part, a part included in a part or a product;
the structure of the part;
connection relationships and/or positional relationships between components; the connection relationship and/or the position relationship between the parts.
In this embodiment, the block chain technique is a digital supply chain technique;
the digital supply chain technology refers to the steps of displaying, monitoring, supply and demand matching and automatic screening of all links of production, circulation, use and circulation of products through the digital technology.
In this embodiment, the value determination is further included:
① determining the value of each component of the product in J1, J2, … … and JL, wherein L is a natural number;
② determining the value of the combination relation of each component in the product O1, O2, … … and OQ, wherein Q is a natural number;
③ the sum of value J and value B is less than or equal to the total value of the product.
In this embodiment, value allocation is also included:
④ identifying the number P of possible infringements by each component of the product;
⑤ confirming the number Q of patent rights that each combination of products may infringe;
⑥ patent compensation amount is determined according to JL, P, OQ and Q values.
In this example, ⑥ employs an averaging method.
In this embodiment, the product circulation platform performs supply and demand matching based on the technical features of the patent and the information of the patent right.
In this embodiment, the product circulation platform determines the product infringement index of the supplier based on the number of patents owned by the patent owner and the contribution value of the owned patents to the product of the demand side;
the product infringement index is inversely related or opposite to the value distribution.
In the embodiment, the product is a chemical product, and the technical characteristics are as follows: the molecular formula of each compound, the mixing ratio and the combination form of the composition, or the molecular formula or the atomic formula of the single crystal.
The present invention is not limited to the above embodiments, and the technical solutions of the above embodiments of the present invention may be combined with each other in a crossing manner to form a new technical solution, and all technical solutions formed by using equivalent substitutions fall within the scope of the present invention.
Claims (10)
1. A method for judging patent infringement based on block chain technology is characterized by comprising the following steps:
A. establishing a patent database, extracting patent claims, numbering the patent claims as 1, 2, … … and N in sequence, decomposing each patent claim into M technical characteristics, wherein N and M are natural numbers, and the technical characteristics of each claim are combined into NM；
B. Establishing a product circulation platform based on a block chain technology, wherein the supply and demand matching of the product circulation platform is matched based on independent technical characteristics or technical characteristic combinations;
C. judging the technical feature combination successfully matched with the NMWhen the matching is successful, the technical feature combination completely covers the NMAnd judging that the product successfully matched infringes the N-number claim.
2. The method as claimed in claim 1, wherein the technical features are basic elements constituting a technical solution.
3. The method for determining patent infringement based on block chain technology as claimed in claim 1, wherein the product is a product in the mechanical field, and the technical features are as follows:
the components, which are referred to herein as the main parts included in the solution;
a part, a part included in a part or a product;
the structure of the part;
connection relationships and/or positional relationships between components; the connection relationship and/or the position relationship between the parts.
4. The method as claimed in claim 3, wherein the blockchain technique is a digital supply chain technique;
the digital supply chain technology is used for displaying, monitoring, matching supply and demand and automatically screening all links of production, circulation, use and circulation of products through the digital technology.
5. The method as claimed in claim 4, further comprising a value determination:
① determining the value of each component of the product in the product, J1, J2, … … and JL, wherein L is a natural number;
② determining the value of the combination relation of each component in the product O1, O2, … … and OQ, wherein Q is a natural number;
③ the sum of value J and value B is less than or equal to the total value of the product.
6. The method of claim 5, further comprising assigning a value:
④ identifying the number P of possible infringements by each component of the product;
⑤ confirming the number Q of patent rights that each combination of products may infringe;
⑥ determining patent compensation amount according to the JL, P, OQ and Q values.
7. The method as claimed in claim 6, wherein the step ⑥ is performed by averaging.
8. The method as claimed in claim 6, wherein the product distribution platform performs supply and demand matching based on technical features of patents and information of patent right owners.
9. The method for determining patent infringement based on blockchain technology as claimed in claim 6, wherein the product circulation platform determines a product infringement index of a supplier based on the number of patents owned by a patent owner and the contribution value of the owned patents to the product of a demand side;
the product infringement index is inversely related or opposite to the value allocation.
10. The method for determining patent infringement based on block chain technology as claimed in claim 1, wherein said product is a chemical product, and said technical features are: the molecular formula of each compound, the mixing ratio and the combination form of the composition, or the molecular formula or the atomic formula of the single crystal.
Priority Applications (1)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN201911069423.8A CN110807308A (en) | 2019-11-05 | 2019-11-05 | Patent infringement judgment method based on block chain technology |
Applications Claiming Priority (1)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN201911069423.8A CN110807308A (en) | 2019-11-05 | 2019-11-05 | Patent infringement judgment method based on block chain technology |
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| Publication Number | Publication Date |
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| CN110807308A true CN110807308A (en) | 2020-02-18 |
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| Application Number | Title | Priority Date | Filing Date |
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| CN201911069423.8A Withdrawn CN110807308A (en) | 2019-11-05 | 2019-11-05 | Patent infringement judgment method based on block chain technology |
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Cited By (1)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| CN112084175A (en) * | 2020-04-06 | 2020-12-15 | 南京大学 | Novel intellectual property trading system and index evaluation system based on block chain and big data technology |
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2019
- 2019-11-05 CN CN201911069423.8A patent/CN110807308A/en not_active Withdrawn
Cited By (2)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| CN112084175A (en) * | 2020-04-06 | 2020-12-15 | 南京大学 | Novel intellectual property trading system and index evaluation system based on block chain and big data technology |
| CN112084175B (en) * | 2020-04-06 | 2024-03-29 | 南京大学 | Novel intellectual property transaction system and index evaluation system based on blockchain and big data technology |
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Application publication date: 20200218 |