Perhaps the Patent System Isn't Broken?

http://www.nytimes.com/2013/02/22/opinion/patent-system-isnt-broken.html?_r=0

This week a response to a New York Times article from the Executive Vice President of Qualcomm came to my attention. The article argues that the patent system is not broken.

The author agrees with the majority consensus that U.S. patent system has some serious problems that need addressing. However, the author reasons this litigation nonsense goes past just the patent world. He blames the entire legal system for these issues. In his mind, the sector of patent law is not flawed in itself, yet rather the whole system is flawed. Rosenberg goes so far as to say that the "smartphone wars are a myth propagated by those with an economic interest in tipping the scale toward those who build on inventions versus those invent". This goes against the article that both the professor as well as many links that some of you have wrote about. I understand why a reader might say this, as the smartphone war in Silicon makes for a good article. Theres nothing like a battle between two corporate titans, let a lone a all-out slugfest.

While Rosenberg may indeed be right to an extent, the patent system is largely flawed and would benefit from a restructuring. While its true that "our patent system has played a critical role in attracting investment", it now is used as a weapon to prevent innovation and natural progress.

Do you agree with Donald Rosenberg? Should we blame our entire legal system or is it more the patent legal sector that deserves blame? Why or why not? Let me know what you think below!