Jurisprudence and Law Basis for the Use of Patent without Patentee's Consent

There is no precedent for the use of patent without patentee`s consent in jurisprudence. This article tries to make a connection between regulations of hoarding and patenting through criterion unity through which the regulation of hoarding could be applied to patentee who abstains production, without holding to invalid analogy in jurisprudence. Also, this article tries to extend hoarding cases to goods beyond foods, resorting to cause of divine ordinance. Next, the process of putting price on goods and patents are discussed and is proved that the government has the authorization to put price on patents. In international documents using patent without consent is authorized within limits. In Iranian code, patent act has allowed the government to exploit patent without the consent of patentee within defined limits. It seems that jurisprudence and law sources about the subject of this article are limited and require more research and scrutiny.