What we need is some kind of anti-patent foundation, designed to completely de-fang all patents. Something like OIN, but with more teeth, and more viral. Here's how it could work:
1. All Foundation members commit to never assert a patent against anyone (not just other members); excepting as a defensive counter-attack.
2. Foundation members agree to loan their patents to be used, defensively (and as a counter-attack), by any other member who is being sued for patent infringement.
3. On winning a counter-attack, the terms of settlement must bring the former aggressor into the foundation.
The idea is that the Foundation would, virally, aim to acquire the right to use a huge pool of patents as a big stick to prevent anyone litigating a patent suit; effectively it would de-fang the entire mis-conceived notion of the patent.
The idea is to protect inventors *from* IP, not to protect the IP of an inventor.