Conceptually, it should help protect innovation. In reality, it inhibits it. Small guy has a brilliant idea. He files a patent, and starts shipping. Some other

Conceptually, it should help protect innovation. In reality, it inhibits it. Small guy has a brilliant idea. He files a patent, and starts shipping. Some other guy copies the idea. Small guy has 3 options. 1) invest in better products and out innovate copycat. 2) invest in marketing to create brand appeal. 3) get lawyers involved. #3 is the most expensive for the return on investment. #1 or #2 are likely the better path, but patent protection helps neither of these paths. On the dark side of patents is patent trolls. They only seek to extract value for infringers, almost always via legal system intimidation (see #3). Again, the system intended to help innovation is killing it.