The idea that patents protect the “little guy” is just false. One need only look at who gets the most patents to determine that. I deal with patents a great deal, and let me tell you than MANY patent attorneys won’t even deal with “the little guy” because their expectations are entirely unrealistic. (Case in point, here in Chicago a month or so ago, one of the “little guys” was so pissed off about his lack of success, he burst into the attorney’s office and shot a bunch of people.)
The idea that the little guy having a patent prevents Big Mega Corp coming along and reverse engineering your patent and screwing you is also almost always completely false. A good patent lawyer can string the “little guy” along for years, until he bankrupts him, or more likely settles in a completely unbalanced way. Often, I might add, that it is a lot of work for Big Mega Corp to reverse engineer (both the item and the production process) so Big Mega Corp buys out the “little guy.” In doing so, he buys the method, the product and the IP (which he then uses to squash the next “little guy”)
Patents, despite their reputation do nothing for the little guy. The number of “little guys” who made their fortune off one patent is very, very small. The idea of Uncle Joe working in his garage to discover the next big thing, then patenting it and making a billion or two is a romantic wrongheaded notion, that again, almost never actually happens.
Patents are a tool for big guys to squash medium guys (who don’t have enough patents of their own to protect themselves with cross licensing deals.) Patents are also a tool used by dying corporations (or corporations that should die) to try to survive a little longer. Patents are also tools used by big guys to hamper competition from other big guys (not stop it, because patents aren’t strong enough to do that.) Patents are finally a tool used by patent trolls to drain the blood our of our economy.
Despite their original intent, patents do not encourage innovation. Just recently, the GAO (hardly a shill for the anti patent movement) released a study that indicated that the poster boy for patents, the drug industry, had their innovativeness significantly decreased by the patent laws.
There is nothing positive about patents of any kind, and software patents are the worst kind of all. They are a Damoclesian sword hanging over the heads of every innovative start up in the country.