[loupol]

The dynamics at play at play are definitely similar, but not completely so.

In the prisoner's dilemma, the highest theoretical yield for each prisoner is achieved by everyone "cooperating", but that isn't really the case here.

The fixed patent fees and inadequate institutions granting them mean big companies are disproportionately able to rack up on patents and increase their yield as they "defect" and play the game. They could lobby to strongly restrict or even abolish certain types of patents but they don't have much of an interest to do so, since patents solidify their already strong position in the market.