As for open-source versus proprietary, I would be nervous with respect to its ability to foster true innovation and invention, a good team can be pretty efficient at re-implementing existing ideas in a sometimes more effective manner but I struggle to think of a piece of OSS that has actually broken new ground. As for hardware, though there are some OS projects none have managed to produce anything as of yet except maybe some nice websites.
I would think that a patent system where the initial fee is related to how long you wish the patent to last would be of more interest. A free patent is free to apply for, a five year patent $500, a ten year patent $10000, a twenty year patent $20000000, and so on. Every company would have to estimate the worth of a patent when they file it, trolling would be mightily expensive with possibly no gain, nuisance patents would be uneconomical and the small inventor still has access to intellectual property protection. Plus there would be enough crazy pharma companies buying decade long patents to fund the entire system properly, giving Einstein a living wage.