Patent Pools And The Antitrust Restriction

Starting with the basic concept of patent pools and providing an analysis of patentpool's features and functions, this paper concludes that for patent pools there are not onlya pro-competitive facet which deserves encouraging and supporting, but also ananti-competitive facet which should be adjusted and restricted. So the antitrustexamination on patent pools is indispensable. Through the explanation of the patentsystem and the theory of the antitrust law, this paper infers that the patent system andantitrust law essentially aim to maintain a competitive market on basis of different benefitsand different aspects. By reviewing the antitrust laws of some countries and regions,especially the history of the antitrust examination on patent pools in America, this paperpresents how patent pools and the antitrust law cooperate and balance each other indifferent periods, and how they accomplish their missions to promote the economydevelopment and the social orderly competition. Consequently, some viewpoints on thereasonable utilization of patent pools and the establishment of the antitrust law system inChina are brought forward.