The patent misuse doctrine

The civil law institute of right misuse is one of the most acute problems in judicial practice. Despite the fact that the scientific literature and the higher courts’ explanations agreeing that the right misuse is an undue exercise that can be punished by failure to protect, special legal rules apply this legal mechanism. For instance, in the area of patent law, there are gaps. The article discusses such phenomena as patent trolling, unfair competition in the field of patenting and misuse of rights as a possible solution.