Anti-Monopoly Law Regulation Of Patent Application

Antitrust cases in the field of patent have been concerned in recent years. In2008, Chinese first anti-monopoly law " anti monopoly law of the people’s Republic of China " was formally promulgated. Although the law does not specifically formulated the regulation terms of anti-monopoly of intellectual property, but this does not affect the law actual play the role in a case of the abuse of patent right. The purpose of this paper is to summed up a general method and principle on the basis of anti-monopoly law to regulate the abuse of patent right from the relationship of patent law and antimonopoly law and the purpose of starting, combined Chinese and foreign cases and legislation practice, summarized all kinds of abuse of patent rights phenomenon in the market activities. In the analysis of the relationship between Patent Law and Antimonopoly Law, we started from the historical origins of the patent law and antimonopoly law, in the understanding of the reason of the emergence and development, and the various factors that lead them to the relationship between the changes of the strength in the process of historical development, further explore the consistency and their opposition--the dialectical relationship of the patent law and antimonopoly law. Specific to the practice, the problem of abusing patent right are varous, we fundamentally investigate the reason why the patent right be abused, it is easier to understand the emergence of various abuse. In this paper, we enumerate several typical phenomenons may lead to the abuse of patent right:refusal to deal, feedback, limit price, standard patent abuse, abuse of defective patent. Also we referenced orther’s policy、theory, such as the theory of can be separated from improve and can not be separated from the improved in feedback problem provide a new way for us to analyze the problem, through the analysis of the several phenomena, and the subsequent summary, the necessary condition of antitrust regulation is derived, one point is the most important I think-patent application behavior broke the balance between the encouragement of innovation and the promotion of free competition. In today’s patent war era, our country haven’t completely well proactive preparation in the aspect of legal system, no club building the hard walls for resisting attack, so we repeated in infringement of the abuse of patent in the field of technology. In this case, it’s necessary to explore the principles and methods in the legal system. For the purpose of establishing a legal system in the anti monopoly law regulation of the abuse of patent right, especially in the formulation of legal responsibility. The principles of regulation, we put forward the equal treatment principle and rational analysis principle On the judgement standards, we expressed the relevant market and specific defenses must be clear judgment method. This paper put forward the general starting point to solve the problem, starting from the fundamental purpose of the system, to grasp the balance of patent application and control.