In view of this situation , we should create our own franchise as soon as possible abuse control system , or as soon as possible to develop their own " anti - monopoly " , or in the revision of the " anti - unfair competition law " course will act as a patent misuse of improper competition into its adjustment range , or designate a separate legal regulations for the conduct of such abuse franchise system 针对这种情况,我国应尽快地构建自己的专利权滥用控制体系,或者尽快地制定出自己的《反垄断法》 ,或者在修改《反不正当竞争法》的时候将专利权滥用的行为作为一种不正当竞争行为纳入其调整范围,或者指定出单独的法律对专利权滥用这种行为进行规制。
In United States patent law, patent misuse is an affirmative defense used in patent litigation when a defendant has been accused to have infringed a patent. It has also been used to mitigate damages following a finding of infringement or justify a failure to pay contracted-for royalties.