[quote author="fluca1978" date="1317020288"]Also consider that a lot of big industries have to pay for legal support to not break other patents![/quote]
That's actually another huge problem for independent developers and startups. And if you take a look at history that's where innovations usually come from.
As an independent developer I do not have the funds nor the time to check hundreds of thousands of patents I could possibly break. On the other hand I should sign contracts where i obligate myself that the resulting product does not infringe any patents. When taking a look at the number of patents granted I assume that's nearly impossible by now to create an application which does not infringe any patent.
The US patent law is completely broken (more specifically the decisions by the FC combined with case law) and the constraint to publish applications through stores subject to US law (for example Apples AppStore) makes this de-facto a worldwide problem.