Comment by derefr
7 months ago
Why do you expect this? This doesn't happen with existing uses of eminent domain — lobbyist landholders aren't going around convincing the government to buy out useless land to their profit.
Eminent domain on real estate is only used as a last resort — it's invoked to buy out real estate where the government has some pre-existing plan that requires the use of the land; and there's no reasonable alternative to using that specific land; but the owner of the land doesn't want to sell it to them on the open market for a reasonable price (i.e. the price that they'd charge an arbitrary private buyer.)
I would assume eminent domain on patents would be the same: it would only be used if the government has a top-down plan that works out to require licensing a specific patent; with no reasonable alternative; but the patent owner is being obstructionist to licensing the patent for a reasonable price.
If we are only talking about patents for whom
> it would only be used if the government has a top-down plan that works out to require licensing a specific patent; with no reasonable alternative; but the patent owner is being obstructionist to licensing the patent for a reasonable price.
Then I fully agree. In your previous comment where you said "you don’t need the patent system;" that threw me off thinking you were basically talking about every patent. Where you said "insofar" at the beginning of the sentence, I interpreted that to mean essentialy "since" or "because" but I see what your original intent was now, and I think we are in complete agreement.