NOTES.

The article reports that when action of a patentee who seeks to extend the powers derived from his patent beyond those of the grant is challenged as a violation of the federal antitrust laws, uncertainty may exist as to the appropriate test of legality. Thus, it may be doubtful whether the fact that a patentee has abused his grant will itself be a basis for condemning the practice as illegal per se under the antitrust laws, or whether further inquiry is required under the general antitrust doctrines of illegality per se or the Rule of Reason. Combined with fears that the incidents of patent grants are being narrowed, this uncertainty may force prudent patentees to narrow their exploitation to an area well short of the currently conceived limits of their grants because of the possible drastic consequences of slightly overstepping the patent.