The Misapplication of Antitrust Theory to Patent License Conditions

OVER THE past few years, there has been wide debate over patent license law, the law regarding the conditions patent owners can legally impose on licensees or the permissible scope of license grants. The controversy came to a head in 1970 when Senator Scott of Pennsylvania introduced amendments' to a then-pending bill intended to revise the patent laws. According to the Senator, the amendments were intended to stabilize and codify license law. The amendments were rejected in the subcommittee and the bill was not enacted.