That&#x27;s stretching the definition of free market a bit. You could apply it to real estate property rights too and argue that a corner shop isn&#x27;t in a free market because the owner has paid for a monopoly on access to that building which is most suited to selling things from. His property rights are protected by the police to stop competitors sending their goons in to take over the building. The same goes for any business that owns any sort of valuable property, especially if their ownership gives them exclusive access to it. So I think a useful definition of free market has to include various property rights, including IP. As long as people can trade those rights among each other, whoever holds the patent would probably have spent a fair amount of money to either invent or buy it.