"Patent misuse" is one of two potential defenses (the other defense being: "inequitable conduct") to a charge of patent infringement, which, if successfully mounted, will result in a holding that the patent in question is unenforceable.
Misuse refers to attempts to leverage the patent monopoly beyond its intended scope--for example, by requiring that anyone practicing the patented invention purchase an unpatented product from the patent owner. This kind of "tying" and other forms of misuse may violate the federal antitrust laws in addition to rendering the patent unenforceable.
Misuse refers to attempts to leverage the patent monopoly beyond its intended scope--for example, by requiring that anyone practicing the patented invention purchase an unpatented product from the patent owner. This kind of "tying" and other forms of misuse may violate the federal antitrust laws in addition to rendering the patent unenforceable.
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