The Study Of American Patent Misuse Regulation System

Era of knowledge economy makes the patent become an important tool forcompanies to compete in the international market. In recent years, with the opening ofChina’s market, many multinational companies have been pouring into China, they are notonly using technology to gain market advantage patent monopoly beyond high profits, butalso filing patent litigation to our company under the guise of protecting intellectualproperty. Because of patent misuse on regulation system is not perfect, the behavior ofthese patent misuse can not be effectively deterred.Patent misuse is origined from the United States, it has formed a relatively completesystem of theory under the American jurisprudence for centuries. It main use theprinciples of patent law and antitrust law to regulate the patent misuse in U.S. These twoprinciples have their own advantages and complement each other. The experience injudicial practice for patent misuse from completely recognition, appropriate restrictions toadmit several course. But no matter how to change,it always consider the policy behindthe patent system as an important factor when considering patent misuse, focus on theinterests balance concept, pay attention to promote technology innovation goals of thepatent law.The implications of American patent misuse is: we should take the dual regulation ofpatent law and antitrust law in the legislation; Enterprise can take patent misuse as adefense to patent infringement defendant, an important weight in licensing transactions oran important basis for plaintiff to file an antitrust lawsuit.