Isn there a conflict between the monopoly provided by patent and antitrust laws?
• Patents are a favored exception to antitrust policies. Harrington Mfg. Co. v White (1973, CA5 Fla) [101, n8] ** • The patent laws, which give a patentee a monopoly of making and vending the patented article for a limited time, are not affected by the Sherman Antitrust Act, sections 1 to 7 of Title 14. U.S. v Motion Picture Patents Co., D.C.Pa.1915, 225 F. 800 [154, n 92] * • Patent serves public interest by stimulating invention and enhancing competition; at same time, Antitrust Laws (15 USCS 1 et seq.) seek to keep open avenues of invention as well as of trade; antitrust considerations are not to override limited patent monopoly, and patent may not be employed beyond its scope for purposes condemned by Sherman Act (14 USCS 1-7, 15 note); and , although patent confers right to exclude others from use of patented invention, it does not legalize exclusion of competition from unpatented products, and any attempt to prohibit competition from unpatented goods carries patentee beyond immun
