Re: Genuine Question
Yes, the problem you cite is a very serious one. Unfortunately, "defensive" patents are things that are effectively unavailable to anyone but the very well-funded. If you can't defend your "defensive" patent -- which takes money -- then it's all but useless.
The patent system has devolved to the point where it only provides benefits to large corporations and the very wealthy. It no longer performs the function that it was intended to perform.