An Analysis on Patent Misuse Doctrine in the U.S and Iranian Legal System

Misuse of the rights granted by law –i.e. patent misuse– is a major concern of authorities. Patent misuse happens when the owner(s) of a patent attempt to benefit from it beyond the scope envisaged by law. Expanding the scope of a patent, cases of Patent-tie, and extending the duration of a patent through licensing are the most prominent examples of patent misuse. The United States’ legal system and its patent laws have tried to forestall such acts by developing the independent doctrine of “Patent misuse”; however, this doctrine is so integrated with the foundations and principles of competition law that it has partly lost its identity and independence. Nevertheless, patent misuse is still used as an effective measure in patent infringement cases. As for Iran’s legal system, the aforesaid doctrine has not made its way into the laws in an explicit manner; however, instances of regulations against patent misuse behaviors can be spotted. All in all, it is evident that our country’s patenting system has paid no heed to this doctrine and, thus, has missed the opportunities and advantages it could offer. The present paper seeks to investigate the implementation of this doctrine in Iran’s very legal context while analyzing the approaches regarding the doctrine’s connection with competition principles, explaining the concept of patent abuse along with its history and development, and pointing out its examples in the United States’ legal system as its place of origin. Moreover, the shortcomings and inefficiencies of Iran’s patenting and competition system with regard to this issue are also revealed and certain solutions are put forward for benefiting from this doctrine’s potentials.