A (possibly) radical idea about patents: The Patent Union
If you use a patent to impede progress (as deemed so by the committee), every member of the committee carpet bombs you with IP claims. If you protect your interests, but don’t legislate ridiculously, you get a free pass.
Now its obviously a dream scenario to get firms to come together and sign such agreements (and it still doesn’t solve the existence of patent trolls like Intellectual Ventures, or the classical problems of Union manipulation), consider the benefits for once:
Legal claims are significantly limited: you really don’t want to sue for fear of multiple counter-punches from all sides. Innovation is upheld (significantly more so than before). And if a body like the EFF can monitor such a committee, it’s great news for smaller companies who can’t afford the people necessary to maintain compliance.
Disclaimer: Idea may not be radical. Hopefully, it’s still effective.