The Antitrust Review of the Americas 2017

United States: IP and Antitrust

Around the world, patents – and the associated rights a patent confers upon its holder – are increasingly being subjected to and defined by competition law policies and analysis. The United States proves to be no exception to this trend, as American litigants in particular have been successful in turning to antitrust and unfair competition laws to attack and limit patent rights. Thus, even though the US patent system lawfully bestows limited term exclusionary rights upon a patent holder, antitrust and unfair competition law is being wielded as an increasingly effective weapon to diminish patent rights in the United States.

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