Chapter 7 Misuse and Antitrust Considerations

摘要

One of the primary considerations in dealing with the legality of patent right acquisitions is the effect upon the patentee. This consideration is particularly relevant where the inventor cannot exploit the invention himself and must rely upon licenses or assignments. Acquisitions are permitted not simply to reward a job well done, but to induce future invention from the same sources, and to protect new venture investment capital. Notwithstanding some older cases to the contrary, the mere acquisition of patent rights cannot give rise to antitrust liability under Section 7 of the Clayton Act, or Section 2 of the Sherman Act or constitute patent misuse.