Legal Issues In Patent Abuse And Its Regulation

The patent right is likely to be abused because: 1) the patent system itself is featured by utilitarianism and monopolization; 2) technology play a crucial role in economic competition; 3) the tariff barrier is increasingly weaken within the framework of the World Trade organization. Taking as the criteria whether the excise of the patent right goes beyond the limits of the public and private law concerned, the paper defines the abuse of the patent right as the patentee's incorrect, improper act in the course of exercising his patent right which goes beyond the limits of the private and public law and does harm to nation, society or other individuals, followed by an analysis in rather detail of various patent-abusing acts from the perspectives of the patent law, the basic principles of the civil law and the antimonopoly law respectively. It is pointed out that we should not only depend on the laws concerning the patent system itself, but other department laws, especially the antimonopoly law to control the abusing acts. Though specifying several methods to control the abuse of the patent right, the current laws of our country fails to determine the nature of such abusing acts and to give obligatory legal norms and feasible remedies so that they have to be improved.