"Smaller companies are often forced to license a patent that is likely to be invalid, rather than pay the terrible expense of proving themselves to be right. This means there is rarely justice for anyone but the very richest companies where software patents are concerned. So, why do we have software patents at all? The general consensus in the industry is that they don't fulfill their constitutional purpose, to encourage innovation, but actually hinder it. They tend to work in favor of a few of the very largest companies, against the small and medium-sized enterprises that make up the vast majority of the tech economy. Thus, they don't make economic sense."