From Patently-O, 2012. See also: Mossoff: Patent Law Really Is as Straightforward as Real Estate Law; and re negative servitudes: Intellectual Property Rights as Negative Servitudes and Libertarian Answer Man: Restrictive Covenants and Homeowners Associations (HOAs).
Libertarian writer and patent attorney Stephen Kinsella has written a critique of Prof. Mossoff’s Trespass Fallacy paper. LINK. Libertarian thought on intellectual property is somewhat unsettled. Kinsella is one of the thought leaders of the modern anti-patent libertarians while Mossoff represents the pro-patent side.
One of Kinsella’s basic arguments stems from the traditional libertarian support for individual liberties and strong private property rights. When some third party holds a patent, that patent limits what I can do with my scarce private property as well as my individual freedoms.