| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 98 === The term of “patent misuse” comes from the U.S. legal system, which is the defendant’s equitable affirmative defense. Misuse of patent will make valid patent unenforceable. Chapter Ⅰ introduces the purposes of Patent Law which are to protect the interests of the patentee, speedy relief and fair competition. Chapter Ⅱ describes the patent system, its content and limitations on the exercise of patent rights. Chapter III talks about abuse of rights and the patent misuse principle under the United States legal system. Chapter IV describes Fair Trade Law, under which patent misuse may cause the violation of the provisions of the Fair Trade Law. Chapter V introduces the perspective of U.S. antitrust law, under which the U.S. judiciary reconciles the competition law with the patent law. This article aims to explore patent misuse caused by the patent owner, how to reconcile and to amend the law to solve the issue.
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