When is patent abuse illegal
Can you help? There is a legal concept of "patent abuse". It doesn't seem to be of much use, but any information would be useful to have.
Possibly interesting: Morton Salt
About misuse in the USA, Morton Salt Co. v. GS Suppiger Co., 314 US 488, 492 (1942):
The grant to the inventor of the special privilege of a patent monopoly carries out a public policy adopted by the Constitution and laws of the United States, "to promote the Progress of Science and useful Arts, by securing for limited Times to . . . Inventors the exclusive Right . . ." to their "new and useful" inventions. United States Constitution, Art. I, 8, cl. 8; 35 U.S.C. 31. But the public policy which includes inventions within the granted monopoly excludes from it all that is not embraced in the invention. It equally forbids the use of the patent to secure an exclusive right or limited monopoly not granted by the Patent Office and which it is contrary to public policy to grant.
Related pages on ESP Wiki
- Patent ambush
- Patent trolls
- Antitrust law isn't solving the problems
- Japan#2005_METI_Study_Group_Interim_Report - a report which mentions "patent abuse"
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