James Watt: Monopolist
mises.org
mises.org
The book is free so please read it!
http://www.newyorker.com/reporting/2008/05/12/080512fa_fact_...
Does it? The basic argument remains the same, the need to make it worth the initial effort of research and development. Just because more than one inventor decided that the expenditure of time and effort was worth the return from the patent doesn't change the argument that no one would have bothered/financed it to begin with if not for the patents.
Probably the best way to go around this is to have/create the political will to deliberately level the playing field for newcomers instead of incumbents.
Take the story of Robert Kearns, inventor of the intermittent windshield wiper (http://www.washingtonpost.com/wp-dyn/articles/A54564-2005Feb...). Granted, it took a while for him to get a just resolution, but think about what would've happened if patents had been considered an "unnecessary evil" and he had been unable to get one. Not only would he have not gotten any reward for his creativity, but he likely wouldn't have even met with the automakers. And why would he bother tinkering for years to make these wipers when the automakers could just dismantle one, and use their greater resources to copy it?
There are a lot of problems with the current patent system, but it should still exist in some form.