本文擬就數專利權人集合其專利所組成之專利聯盟 (patent pool) 所生競爭法 爭議，透過比較法之研究，介紹分析美國相關規定及法院實務對於此一議題之看法，並思考於我國法中應如何加以規範。專利聯盟是否有違反競爭法之處，參諸美國案例，須於個案中分析其所生成本及效益加以論斷。於分析專利聯盟生之效益及成本時，可發現其所生效益多歸諸聯盟成員；但所生成本部分卻多為社會承受。故專利聯盟成員提主張其專利聯盟之組成有益於整體經濟與公共利益，應設法將其因交易成本降低所獲之利益部份回饋社會大眾，方能合理化其組成專利聯盟之正當性。文中並提出對現行法制之建議，以供參考。

The author explored issues regarding Antitrust Law issues arising from “patent pool” which is established by several patentees who pool their patents together. The author approached this issue by introducing and analyzing related regulations and court cases in the United States and by studying on how the patent pool should be regulated under ROC laws. Based on the prevailing opinion in the U.S., whether the patent pool violates the Antitrust Law should be decided on the basis of the analysis of the benefits and costs arising therefrom. According to this analysis, the author found that most benefits are enjoyed by the patentees of the patent pool, whereas most costs are borne by the whole society. In view of the above, the patentees of the patent pool should feedback some of such benefits to the whole society to justify the legality of the patent pool. The author also proposes some suggestions for the improvement of current R.O.C. laws and regulations