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|Other Titles:||The Development of Patent Pool under the Decision of CAFC Today and Tomorrow|
Patent pool;Patent misuse;Essential patent;Antitrust law;Patent leverage
|Issue Date:||2016-08-31 17:10:42 (UTC+8)|
It has been practiced long to have patents function as the shields of innovation technology for the industry values of the market. However, perplexities of lines between patent practice and patent misuse and tests of patent misuse based on patent law or antitrust law become a real dilemma for the courts. For the purpose of sharing an overall picture of legitimacy and evaluation of patent practices, this article focuses on the track shaped by leading cases regarding application of patent misuse doctrine by confining the inquiry through antitrust rules since the establishment of CAFC in 1982, in order to illustrate that the CAFC has tried to circumvent the long-established rules of patent misuse doctrine of Supreme Court of condemning behaviors of patent holders beyond reach of patent grant. What is the impact of the CAFC holdings in the past three decades to the further development of patent pools? To present the look and the possible solution of the patent pool by following the steps of CAFC views on those landmarks would be the aim.
|Relation:||政大智慧財產評論, 11(1), 87-134|
NCCU Intellectual Property Review
|Appears in Collections:||[智慧財產評論] 期刊論文|
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