The "stupid determination of novelty" as you correctly mentioned is just one factor of what is sick about the patent system. The fact that in many cases damages

The "stupid determination of novelty" as you correctly mentioned is just one factor of what is sick about the patent system. The fact that in many cases damages due to infringement are ridiculously larger than the harm caused to patentees by the infringement, that the resources required just to prove no infringement was actually made can take an innocent company out of business and the fact that there is no penalty on wrongful infringement claims are just a few more. I expect changes will be slow, as with any system where there are entities that have a lot to lose by making things right.