Patent misuse
From Wikipedia, the free encyclopedia
In the United States, patent misuse is an affirmative defense used in patent litigation after the defendant has been found to have infringed a patent. This umbrella term usually describes:
- violation of antitrust laws
- improper expansion of the scope or term of the patent
In the United States, a patent is a statutory right that grants the patentee the right to exclude others from making, using, or selling a patented invention. Historically, courts were willing to entertain a patent misuse defense for patent owners who never undertook any commercial use and solely sought out infringers.[citation needed] Recent decisions have held it is not patent misuse to enforce rights to a patent, and enforcement is permissible irrespective of any use or non-use by the owner.
