滥用专利权是现代科技带给我们的新课题,对市场竞争、消费者福利都造成了严重损害。特别是近来被激烈争论的标准必要专利滥用问题,有必要运用法律手段对其进行规制。专利法和反垄断法具有相同的目标但实现共同目标的路径不尽相同。反垄断法对滥用专利权的行为进行规制具有良好的实效,特别应当在立法和司法实践中结合运用行政、民事、刑事责任三种责任形式,对受滥用专利权影响的经营者和其他消费者进行综合救济,制止和预防滥用专利权的行为,从而保护市场竞争和消费者的利益,促进社会主义市场经济健康发展。 Abuse of patent rights is a new issue brought by modern science and technology, causing serious damage to market competition and consumer welfare. In particular, the issue of indiscriminate patent abuse, which has been the subject of intense debate recently, necessitates the application of legal means to regulate it. Patent law and antitrust law have the same goals but different paths to achieve common goals. The antitrust law has a good effect on the regulation of the abuse of patent rights. In particular, it should combine the legislative, judicial practice with the three administrative forms of administration, civil affairs and criminal responsibility to regulate the influence of the operators and other consumers affected by the abuse of patent rights Conduct comprehensive relief and stop and prevent abuses of patent rights so as to protect market competition and the interests of consumers and promote the healthy development of the socialist market economy.