[kwis]

I'd argue that the existing system does just that.

The big boys have portfolios of patents that they fling at each other until some sort of cross-licensing deal is reached, whilst smaller players just have to cross their fingers and hope that nobody decides to tax them too extravagantly.

I omit the possibility of creating non-infringing products simply because it's virtually impossible to bring any meaningful product to market without infringing on somebody's overly broad patent.