Patent Misuse and Antitrust Law
Show Less

Patent Misuse and Antitrust Law

Empirical, Doctrinal and Policy Perspectives

Daryl Lim

This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 5: Rethinking the future of patent misuse

Empirical, Doctrinal and Policy Perspectives

Daryl Lim


Judge Richard Posner famously asserted that it is “rather late in the day” to develop misuse and rather one should turn to antitrust law to solve the issues currently addressed or addressable under misuse. While some courts are willing to apply misuse to new categories of misconduct, others are more reluctant to do so. It is not at all obvious why a cohesive doctrine of misuse cannot be developed and applied to new fact patterns. This study identified four areas where misuse either had an impact or could have an impact. The first area is with standard essential patents. When an industry standard coalescences around patents held by a patentee, it gives that patentee an ability to distort the competitive process beyond what inheres to the patent right. That ability may be obtained by deception or it may be properly obtained by improper exercise.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.