I mean, they already always win? Although it is kinda a tautology, since rich people and big companies are by definition the ones who won.

> Patents are helpful when you are small, and cannot win the scale war

That's a very naive view of things.

Big companies will be happy to license your stuff if they actually got something with it (an actual developed product or component) but they won't be much compelled to license if you just wave a patent in front of them.

"Oh but then you sue", yea, it's not that simple.

The rich can afford patents and can enforce them. Unless that changes it doesn't matter who has the idea first.

... You have to have an idea to patent. Just being rich, doesn't mean you can suddenly have rights to all the possible patents.

Copying means that you are always a step behind, and wealth doesn't replace the know-how necessary to recognize the good ideas. You can throw a lot of money on the fire by copying the wrong stuff.

Or you see a great idea, and spend to bulldoze the competition.

But I do agree patents have gone off the wrong end these days.