Patent Right Abuse And Its Regulation Research

Patent right abuse means that the right ower doesn't perform his right according to the normal limits or scope allowed by the law, leading to the damage of the rights and legitimate interests of others or the public. We should pay more attention to the restriction to patent rights when we are enhancing protection of the patent rights and keep patent rights from being abused.It is very necessary for our country to put more time and energy to research the patent right abuse and establish the concerning law system as soon as possible.The paper includes three parts :(1)Make a general analysis of the concept of the patent right abusing, its history and development ,its elements , introduce and analyze various specific forms of patent abuse , its results and the principles of judging the patent right abuse behaviors.(2) Analyze the law regulation of the patent right abuse from several aspects. The first one is the basic theory of the law control and the second one is the control of patent law ,with the analyzing of the control of the Anti-monopoly Law as the third aspect. (3) Analyze the condition of law system which is used to regulate the patent right abuse in our country and point out its shortage.Then point out that it is necessary for our country to establish the Anti-monopoly Law and point out we should learn the advanced methods from America, Europe Union and Japan.At last,the author gives some suggestions about establishing the law system of regulating the patent right abuse.