Abuse of patent right refers to the behavior that the patentee goes beyond the scope prescribed by law when exercising his rights, and improperly restricts trading or competition by not implementing or taking advantage of his dominant position, which harms the interests of others and the public. The abuse of patent rights is mainly manifested in the improper exercise of patent rights by the patentee or the exclusive licensee, or the improper restriction of patent trading by taking advantage of its patent dominant position or the adoption of unfair trading methods, which is contrary to the purpose of the patent system to promote scientific and technological progress and innovation. Therefore, in essence, the abuse of patent right is a kind of legal behavior, and the actor has the intention of abuse subjectively, and his behavior infringes on the interests of others or the public. In practice, there are many phenomena of patent abuse, which is largely manifested in the behavior of multinational companies using patent dominance to exclude and restrict competition. Taken together, the manifestations of patent abuse mainly include:
(1) Patent licensing and patent abuse in the patent pool;
(2) Patent abuse in patent network layout;
(3) "patent troll" strategy;
(4) the strategy of "releasing water to raise fish";
(5) "Malicious litigation" strategy.