Do you mean go looking at other's patents that way, because then you're are wilfully infringing? You're pretty right, but in my experience the flow is more like

Do you mean go looking at other's patents that way, because then you're are wilfully infringing? You're pretty right, but in my experience the flow is more like: a) "Invent" X. b) Can we patent it? c) Opps. We read on someone's patent. d) Risk assessment: Will any one notice?; EV(X) > cost of future lawsuit?; EV(X) > cost of (cross)licensing? etc. etc e) Either make X or forget X f) (Optionally, but for bonus MegaCorp points.) Try to patent X regardless. Edit: I guess there's a reason the only things I've ever seen in writing from a patent lawyer is a) an invoice, and b) a patent application.