A new VFAT patent avoidance patch

To achieve the goal you have set up, you would need to change patents from being a granted monopoly with the right to exclude others from doing what you claim monopoly in. What you'd change them to, I can only guess, and it looks like this: a person applies for a patent for a novel and inventive device or method, which is near-automatically granted based on search results. Then if litigation is to occur, the apparent rights-holder has to have the patent examined as to novelty and non-obvious inventive concept.

This would have your must-be-enforced criterion met. As it stands, international law has a qualification that a patent holder may have their patent revoked if they aren't in business and making use of their patented device or method -- and if also the challenger can show that such behaviour has harmed their business, which is unheard-of in my experience of patent practice.

However, there's a downside to this approach: with a granted but unexamined patent (or a few hundred of them) I can threaten you much more cheaply than with present full-monopoly patents. So I think that the change would make the situation worse.

K3n.