Yes, the patent syste is broken, but here is what I think is at the crux of it. What happens is that the patent office is completely overwhelmed by, not only th

Yes, the patent syste is broken, but here is what I think is at the crux of it. What happens is that the patent office is completely overwhelmed by, not only the volume but the complexity of the patents being filed. So what they do is basically punt it to the courts. They take a cursory look at a filing and if it is not too obviously a bad patent they grant it and then let the interested parties fight it out in court. So that is what is driving the patent troll problem. To do it right you really need the patent office to a real in depth analysis so that when the patent is finally granted it can really mean something. Politically, that is simply not possible because it would require an expansion of the Federal Government which we all know now is somehow a horrifying thought.