Misuse of the rights granted by law – i. e. patent misuse– is a major concern of authorities. Patent misuse happens when the owner(s) of a patent attempt to benefit from it beyond the scope envisaged by law. Expanding the scope of a patent, cases of Patent-tie, and extending the duration of a patent through licensing are the most prominent examples of patent misuse. The United States’ legal system and its patent laws have tried to forestall such acts by developing the independent doctrine of “ Patent misuse” ; however, this doctrine is so integrated with the foundations and principles of competition law that it has partly lost its identity and independence. Nevertheless, patent misuse is still used as an effective measure in patent infringement cases. As for Iran’ s legal system, the aforesaid doctrine has not made its way into the laws in an explicit manner; however, instances of regulations against patent misuse behaviors can be spotted. All in all, it is evident that our country’ s patenting system has paid no heed to this doctrine and, thus, has missed the opportunities and advantages it could offer. The present paper seeks to investigate the implementation of this doctrine in Iran’ s very legal context while analyzing the approaches regarding the doctrine’ s connection with competition principles, explaining the concept of patent abuse along with its history and development, and pointing out its examples in the United States’ legal system as its place of origin. Moreover, the shortcomings and inefficiencies of Iran’ s patenting and competition system with regard to this issue are also revealed and certain solutions are put forward for benefiting from this doctrine’ s potentials.

As a result of the advancement of technology, using the patent and the relationship among inventors have been developed. These factors have put forward a new type of contract called “patent pools”. Pool is a means to manage and commercialize the patent. Pool is a collective management of inventions resulting from legal-economic circumstances, such as patent thicket, collaboration among inventors, increase in research activities, avoiding the possible patent infringement, reducing transaction costs. By considering that Iran is dealing with these agreements in its development stages, this article aims to fill the gap in terms of literature. This article analytically examines related literature by addressing this question: How can inventors, consumers and society benefit from these contracts. In dealing with this question, cost-benefit analysis is considered. This paper first defines the pool and its features, and then analyzes its economic fundamentals.

The Patent Right is a rational validity that is established between a person and an object or a place. There are some arguments and disagreements about the nature of the patent right‒is the financial right considered a kind of possession, kingdom, or priority? Also, there are some disagreements about proving such right and to prove this matter, some reasons such as consensus, narration, associating with someone, and the practice of the wise are cited. Some of the issues about which the Patent Right is considered are as follows: the Patent Right in unclean entities, the decline of entity from taxes and possession and the Patent Right towards entity after compensating the damage (giving substitution), the spiritual ownership, and the priority right. The provision of the realization of the Patent Right is its benefit and the existence of exploitation. The disturbance or seizure of the Patent Right without the permission of its owner is unlawful. Also, the exchange and ownership of the Patent Right freely through gift, will, or devotion is correct. Due to its kind, the end of the Patent Right is different.

Military doctrine includes a set of principal and fundamental theories and thoughts based on scientific and experimental reasoning upon which we could analyze the national and international environment considering our own capabilities and national interests, military threat, regional and global developments, relative military power and other security implications. Meanwhile, this paper, which is applied, is conducted upon case-based method, and it mainly seeks to account for martyr Soleimani’s jihadi doctrine against the U.S. military doctrine in the Middle East with a fifty-person population. Following, it gathers data on desk and in the field which revealed that the U.S. military doctrine is beyond military tension and in the recent U.S. version, there is distinction between military threat and act, and the threat has been expanded while military activities have substantially reduced. The UAS has implement 7 types of military doctrine in the Middle East the four ones of which have completely failed and the three others have failed to reach success; in fact, the Soleimani’s jihadi doctrine which was rooted in religion, the IRI’s military doctrine and the jihadi thought of Islamic Revolutionary Imams defeated the American hegemony and power in the region. Martyr Soleimani is the founder of strike-based defensive doctrine and the shoot-at-will deterrence doctrine. “Borderless soldier” strategy means a multinational jihadi force which extends defense on borders. General Soleimani established local networks out of native forces to defend friendly countries with a low cost; admittedly, his measure could be considered a hyper-advanced, smart and strategic military masterpiece.

Patent has been always noteworthy for world Intellectual Property Organization as the most important tool in supporting inventors. So several efforts have been done to altering this issue to universal act, by creating an international patent system like Paris and Trips convention. Patent cooperation treaty is a beginning for deep unification between different countries by mission of make uniform procedural patent law. In this debate this the question is raised: Hase PCT system been succeed to assimilate procedural patent law? is it mainly possible to create a worldwide patent system, excluding different national and regional patent laws? This research surveys the level of acceptance of PCT results in different national and regional patent systems, Using descriptive-analytical method. The results show that patent offices can apply Work-sharing process by creating reformations in PCT and creating legislations to increasing trust to the search results of different some patent offices.

An invention that meets novelty, inventive step, and industrial application is patentable. After the registration of an invention, a patent is granted and, as an official document, implies the ownership of the holder. Due to some grounds, such as not meeting one of the substantive requirements, the patent might become invalidated by a court order. According to the Article 18 of the Patents, Industrial Designs and Trademarks Act of Iran, patent invalidation has retroactive effect and invalidates all contracts which have been concluded based on patented inventions. Invalidity of the contract indicates that the invalidated contract has never been existing, and parties’ rights and obligations have never been in existence; consequently, the other party of the contract, such as licensee, could recoup the whole paid consideration. The adoption of this idea is inconsistent with the purposes of Patent Law, including incentivizing, encouraging to resort to patent system, protection of inventors, commercialization of inventions, stability of contracts, and trust in the market; and it could be deemed as a serious obstacle to these matters. In this research, by taking the necessities of Patent Law, including the need to facilitate innovation and commercialization of inventions and to create a climate free of bad patents, into consideration, this legislator’ s approach is criticized, and its contradiction to the public interest, the dissemination of knowledge, the process of commercialization, and transfer of technology will be demonstrated. Finally, the amendment of the mentioned act and not perceiving contracts as void will be proposed in order to foster the process of innovation.