Research On Patent Misuse From The Perspective Of Anti-Monopoly Law

Monopoly is the essential attribute of patent right. As a legal monopoly right, the patent rightbehavior is not affected by the Anti-monopoly Law. However, this kind of patent monopoly oftencauses the patentee have the dominant position in a particular market, which limit the marketcompetition. Especially in some cases, the patentee may exceed the limits permitted by law and abuseof the legal monopoly right. What’s more? Patentee may even exclude illegally. All these restrictcompetition and violated the legitimate rights and interests of consumers. So regulations must be builtup against monopoly.The essay employs various methods of literature and comparative studies、case analysis，definesthe concept of abuse of patent rights, namely the patentee beyond the scope permitted by law or theproper limit the exercise of the patent right, thereby causing damage to the interests of the society, thestate or the behavior of others. Summarize the abuse of patent right form of representative, such aspatent permission denied, tying, patent pool and technical standard.This paper puts forward the principle of the Anti-monopoly Law appropriate restrictions, whichmake appropriate boundaries of interests of patent holders by cooperation of patent law and antitrustlaw between the interests of public and inventors. And the main factors and principles are consideredwhen determining these boundaries. The paper puts forward the main factors or principles whichdetermine the boundary. From the perspective of correctly handling the relationship between PatentLaw and Anti-monopoly Law, the reasonable draw lessons from foreign advanced practice，I putforward the proposal that the imagine of the Anti-monopoly Law enforcement system of patentmisuse, a typed list of specific violations, optimization of antitrust authorities related to patent, takethe combination control mode of "prior notification" and "second guessing", The implementation ofthe related responsibility shall be investigated and punished.