The Patent-Antitrust Problem
The Patent-Antitrust section of the Report of the Attorney General’s National Committee to Study the Antitrust Laws is an excellent analysis of the existing law and is an invaluable handbook for practitioners in this difficult field. The writer’s approach to the problem is different from that of the committee and before commenting specifically on the Report it is only fair to state the writer’s views of the problem lest differences in viewpoint give the impression of criticism of the Report.
In any approach to the patent-antitrust problem there is a basic question: does a “patent-antitrust problem” exist? The Report of the Attorney General’s Committee indicates that there is such a problem and that the problem involves many ramifications which are difficult of solution. The writer believes that there is no such problem.