Document Type : Original Article
Author
Phd in Jurisprudence and private law
Abstract
Undoubtedly, the doctrine of laches is employed in U.S. law as a tool to balance the rights of Patent Holders and Patent infringers. However, certain decisions, such as the U.S. Supreme Court's decision in SCA, have disregarded this doctrine in favor of others, such as equitable estoppel and statutory limitations, which some believe have disrupted this balance. Given that maintaining equilibrium between the rights of Patent Holders and infringers plays a crucial role in economic development and national progress, this article aims to provide a legal analysis of this issue and propose an appropriate framework. The main research question is: How can a balance be established between the rights of Patent Holders and innovative infringers in the U.S. legal system by considering the doctrines of laches, equitable estoppel, and statutory limitations? Additionally, what model can be proposed for Iranian law? Based on the findings of this study, which adopts a descriptive-analytical approach, the aforementioned decisions have both supporters and critics. However, given the distinct elements, conditions, and effects of each of these mechanisms, combining them in legal cases based on specific circumstances is preferable to discarding any of them in order to maintain a fair balance between the rights of Patent Holders and infringers. Similarly, in Iranian law, a suitable model can be developed and implemented by utilizing existing legal principles, institutional frameworks, and drawing insights from advanced legal systems.
Keywords
)