There is no doubt that intellectual property should be protected because it is particularly vulnerable to "stealing". However, under the law for some time this "protection" is used to make profit by "Not Practicing Entities" - (the NPE's) also called Patent Trolls. Activity of Patent Trolls companies can significantly contribute to inhibit the diffusion process in the knowledge based economy. As Schumpeter recognized the concept of dynamic capitalism was doomed to fail, because the increased efficiency of the capitalist enterprise would lead to monopolistic structures and loss of the idea of entrepreneurship. Today we may risk statement that over-regulation in the field of patent protection in conjunction with the unfair practices of companies Patent Trolls may lead to stop the development of Knowledge Based Economy. The purpose of this article is to describe the abuse of intellectual property rights protection for companies that are "Non-Practicing Entities" (Patent Trolls) in the light of J.A. Schumpeter’s creative destruction concept.