Why shouldn't it be the responsibility of the patent owner to contact the company intending to develop a product, before they sink resources into it?
Much like building planning works (in the UK at least) the company involved must declare their intentions in the local papers, and posters around the area, so that anyone with an concern or complaint can find an avenue to raise their objections.
If there were a site where any company could post details of what they were intending to produce, then the patent trolls... sorry, I mean innovators with patent portfolios would be responsible for contacting the company. This would effectively prevent a "crime" and obviously save the patent troll... I mean innovators with the patents "millions of dollars" worth of damage to their business. Surely we'd all like to prevent crime right? Of course, this could cost the patent trolls (ah hell, I'll leave it) money scanning the site for things that could infringe on their highly valuable patents, but I won't lose any sleep over that, personally.
This would obviously only work where the invention is blatantly obvious and the company intending to produce the product is not concerned with their idea being out in the public (think: making a a cog, writing a quicksort algorythm, a web browser, etc)
At the moment the whole patent system is designed to criminalise people who often have absolutely no way of knowing they're commiting any crime. How on Earth can the law support that position?