You can't just look at the costs to an action, you also have to look at the benefits.
Of course I agree I'm going to stop marginal investments from occurring into research into patent-able technologies by reducing the expect profit. But I'm going to do so very slightly because I'm not shifting the expected value by very much. Meanwhile I'm going to greatly increase the investment into the existing technology we already have, and allow many more people to try to improve upon it, and I'm going to argue the benefits greatly outweigh the costs.
Whether I'm right or wrong about the net benefit, the basic economics here is that there are both costs and benefits to my proposed action.
And yes I'm going to marginally reduce future investments because the same might happen in the future and that reduces expected value. In fact if I was in charge the same would happen in the future. And the trade-off I get for this is that society gets the benefit of the same actually happening in the future and us not being hamstrung by unbreachable monopolies.