You can encourage clear thinking, and avoid gratuitous confusion, by
shunning the term "intellectual property" when you write about this
This case is about one specific law -- patent law. The term
"intellectual property" identifies that law with a dozen or so
unrelated disparate laws, which have nothing in common in practice.
They don't work the same, and their good or bad effects are different
too. The only way to understand any of them is to keep them mentally
separate. You can help readers do that by not mixing them up.
See http://www.gnu.org/philosophy/not-ipr.html for more explanation.