Compulsory Licensing in Light of the Patent Misuse Doctrine: A Comparative Study between Iran and the United States
Subject Areas : حقوق مالکیتMorteza Saeedghaderi 1 , Amin Mirzamani 2
1 - PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran
2 - PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran
Keywords: Patent misuse doctrine, compulsory licensing, competition law, patent rights, abuse of rights.,
Abstract :
In the complex landscape of modern innovation, excessive and unchecked patent monopolies can become serious barriers to healthy competition and equitable access to technology. Accordingly, this research—using a comparative analytical method and examining judicial precedents—explores the doctrine of patent misuse in U.S. law, the mechanism of compulsory licensing under the TRIPS Agreement, and their compatibility with Iran’s legal framework.The findings indicate that in the U.S. system, the possibility of temporarily suspending the enforcement of patent rights after establishing misuse serves as both an effective deterrent and a flexible remedy, enabling restoration of the patentee’s rights once the violation has been cured. Meanwhile, the international compulsory licensing mechanism, through requirements such as prior negotiation, payment of fair compensation, and limitations on duration and scope of use, provides an appropriate control mechanism against unjustified refusals to grant licenses. A review of Iranian regulations, however, reveals a limited and fragmented set of tools—such as compulsory licensing—lacking provisions for temporary suspension of rights or a coherent theoretical structure. As a result, the Iranian framework does not provide sufficient efficiency for preventing or remedying misuse. Therefore, it is recommended that an independent legal provision addressing patent misuse be introduced, along with recognition of temporary suspension of patent enforcement and formulation of relevant judicial guidelines. Such reforms would help align Iran’s legal system with international standards and strengthen the balance between monopoly and competition.