| Presentation | 2022-06-10 Development of Patent Misuse in the U.S. Yusuke Tachibana, |
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| PDF Download Page |  PDF download Page Link |
| Abstract(in Japanese) | (See Japanese page) |
| Abstract(in English) | Patent misuse is an unequitable extension of patent rights. When misuse is found, remedies for the patentee are denied. The interest of this paper is to obtain legal policy implications on the extension of patent rights. For example, in the U.S., how to make indirect infringement of patent rights more flexible is a legal policy issue, but on the other hand, expansion of the scope of patent rights may restrict competition. Therefore, the distribution of roles between patent law and antitrust law is also an issue in the extension of patent rights. These issues are common to Japan. This paper examines the development of misuse through the Kimble case, a Supreme Court decision on misuse by the U.S. Supreme Court, and points out that its characteristics are a departure from property rights doctrine, separation from antitrust law, and categorical protection of the public domain. |
| Keyword(in Japanese) | (See Japanese page) |
| Keyword(in English) | U.S. law / patent law / patent misuse / antitrust law / public domain |
| Paper # | SITE2022-10 |
| Date of Issue | 2022-06-02 (SITE) |
| Conference Information | |
| Committee | SITE / IPSJ-EIP |
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| Conference Date | 2022/6/9(2days) |
| Place (in Japanese) | (See Japanese page) |
| Place (in English) | |
| Topics (in Japanese) | (See Japanese page) |
| Topics (in English) | |
| Chair | Masaru Ogawa(Kobe Gakuin Univ.) / KOMUKAI Taro(Chuo Univ.) |
| Vice Chair | Takushi Otani(Kibi International Univ.) / Takeo Tatsumi(Open Univ. of Japan) |
| Secretary | Takushi Otani(Yamaguchi Pref Univ.) / Takeo Tatsumi(Hokuriku Univ.) / (Science & Technology Research Laboratories, NHK) |
| Assistant | Hideyuki Fujii(NRI-Secure) / Yusuke Tachibana(Fukuoka Inst. of Tech.) |
| Paper Information | |
| Registration To | Technical Committee on Social Implications of Technology and Information Ethics / Special Interest Group on Electronic Intellectual Property |
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| Language | JPN |
| Title (in Japanese) | (See Japanese page) |
| Sub Title (in Japanese) | (See Japanese page) |
| Title (in English) | Development of Patent Misuse in the U.S. |
| Sub Title (in English) | Focusing on the Kimble Case |
| Keyword(1) | U.S. law |
| Keyword(2) | patent law |
| Keyword(3) | patent misuse |
| Keyword(4) | antitrust law |
| Keyword(5) | public domain |
| 1st Author's Name | Yusuke Tachibana |
| 1st Author's Affiliation | Fukuoka Institute of Technology(FIT) |
| Date | 2022-06-10 |
| Paper # | SITE2022-10 |
| Volume (vol) | vol.122 |
| Number (no) | SITE-61 |
| Page | pp.pp.59-63(SITE), |
| #Pages | 5 |
| Date of Issue | 2022-06-02 (SITE) |