the patent system is not even concieved of in a manner to ‘work’ , its a system designed to run off of conflict between parties determining outcomes. it operates off the same adverse party principle that our entire civil legal system operates off of. ONLY, the patent system becomes an enormous obstacle to innovation by encouraging adverse legal action. the patent ‘industry’ , including lawyers , experts and bundlers and assessors and licensors —-all of whom DONT create innovative products but only create ‘new’ ways of turning monopoly power into a club to bludgeon other companies with legal action. this adverse monopoloy power is regressive. it has almost nothing to do with ‘innovation’ anymore. it is an epiphenomena of how the english language is transmogrified into legalese to turn ‘newness’ of things into a conceptual tollgate so that anyone and everyone can be fined, or actually just robbed, on the highway of daily productive activity.
this highway robbery slows the highway down and at certain points simply shuts down travel altogether.
intellectual “property” is not simple farm acreage that can be fenced and turned into “real property”. society changes, our way of creating things changes, and yet, the system of law we’ve set up to deal with intellectual property is about as old and antiquated as the centuries old title system still used to declare legal borders of your plot of land.
More likely than change, the system itself will operate parasitically until there is no one left to pay for it .