Abstract

Patent misuse has become the technological progress and a major obstacle to competition in the market, seriously affecting the health of China's economic development and security, must be effective regulation. Relative to the international conventions, EU, ​​U.S., Japan and patent abuse of anti-monopoly legislation to regulate patent misuse our existing laws, regulations, there is a problem. China should build, including patent law, antitrust laws, and regulations at different levels of regulation of the legal system of patent misuse. It is urgent to take steps to confine the abuse of patent right, which has already become an obstacle of technical innovation and markets competition as well as strongly hampers economic development and safety in our country. Compared to European Union, the USA, and Japan, there are many problems in our country's legislation in the regulation of the abuse of patent right. China should establish different sources of law to regulate the abuse of patent right, including patent law, anti-monopoly law, and administrative rules