It is strikingly clear that patents no longer serve their intended purpose. Instead of protecting the small innovator, patents are used a corporate vice grip. A small software developer will likely lose his business regardless of the outcome of a patent lawsuit due to its exorbitant cost. Furthermore, that same small developer is unlikely to apply for a patent in the first place because, as we have seen recently, it's not really the patent that protects you but the size of your wallet.
Here's what Thomas Jefferson thinks about patents.