I think it is time when we reconsider the legal rammifications of trying to control thought, ideas and innovation.
If you really want to incentivise people to create, set a fixed fee for a patent idea based upon its use and value. We can wrangle about the details, but we should not allow anyone a monopoly on a single idea or product type. We lose all of the real value of the idea and only the lawyers win.
We can make the process work without all of the cut throat competition issues. Stop the greed, we need cooperation not impediments to progress.
Just my opinion.