I'm wondering if you can analyse the problem of Patents from a game theoretic point of view. The problem is this, those that don't Patent or were unable or dis

I'm wondering if you can analyse the problem of Patents from a game theoretic point of view. The problem is this, those that don't Patent or were unable or disincentivized to Patent (different country, or different time period) cannot compete on a level playing field. They do not gain sufficient arsenal to defend against Patents. Patent law is fundamentally incompatible with the past. In a different era or different arena some ideas were not considered suitable for patenting (lack of utility, novelty, and nonobviousness). An example is software patents or business process. As money pours in to create changes to the rules those not playing the same game are at a disadvantage. That is their past IP unprotected by Patent law is now differentially disadvantaged in the marketplace. The only way to rectify this is to reduce the power of Patents over time until they are eliminated.