It creates barriers to use patents offensively. I'd guess that relatively few offensive patent litigations are initiated by the company that created them. Of th

It creates barriers to use patents offensively. I'd guess that relatively few offensive patent litigations are initiated by the company that created them. Of those, very few of the inventors would agree to offensive usage. The only way that I can see to convince inventors to use patents offensively would be if they got a significant cut from the litigation proceeds. This cuts down on the appeal of an offensive litigation. So no, it's not perfect. It uses incentives to control abuses. Even though it's not perfect, I still like it's simplicity.