[tgsovlerkhgsel]

Most importantly, there need to be penalties for patent trolling. If you try to enforce a patent even though you must know that there is prior art (e.g. because you've been provided clear evidence of it), you go to jail. Not "the bankrupt LLC is liable to pay some money it doesn't have", the actual people behind it, behind actual bars.

Of course, the tricky part is not preventing legitimate patent litigation, but if you word it carefully enough, it could make it risky enough for patent trolls to not be worth it. The tradeoffs change when it's not LLC money at risk but the participant's personal freedom, so even if only 10% of patent trolls could be actually convicted, it might be enough to discourage the rest.

Or, of course, just dump software patents alltogether...

[ebcode]

really liking your second option there ... if only there were some way to convince lawyers that their jobs were unnecessary.