The examples and perspective in this deal primarily with the United States and do not represent a worldwide view of the subject. (January 2021) |
United States patent law |
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Legislation |
Types of patent claims |
Procedures |
Other topics |
Competition law |
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Basic concepts |
Anti-competitive practices |
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Enforcement authorities and organizations |
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides.[1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.[2]