You nailed the problem with the patent system as it is currently administered. There needs to be provisions to restrict the activities of non-practicing patent holders and the P&TO unfortunately has set the bar too low for patent awards. There are far too many patents being issued for obvious and trivial cases. The explosion of patent awards simply feeds the litigation process by which companies use to "beat down" their competitors in the courts instead of in the marketplace. This is bad for both businesses and the consumers.
The so called experts are all legal proffessionals who have a vested financial interest in avoiding patent reform. The status quo is indeed very good for lawyers.
The current patent laws favor the patent lawyers plus two groups of companies. The first group is composed of very large companies like Apple, Samsung, Qualcomm, and so on, with extremely deep pockets to litigate. The second group are the so-called "patent trolls" who do not design, manufacture, or sell any products based on their patents. As such, they can not be counter-sued. This kind of immunity encourages them to bring in frivilous litigation. They have nothing to lose by litigating.
Who is the loser in our current system then? The small start-up companies where the real innovation takes place. They don't have money to burn on litigation, and they get bullied by both of the other two groups above.
We need patent reform, because the current sytem is not the best for creativity and innovation.
A Book For All Reasons Bernard Cole1 Comment Robert Oshana's recent book "Software Engineering for Embedded Systems (Newnes/Elsevier)," written and edited with Mark Kraeling, is a 'book for all reasons.' At almost 1,200 pages, it ...