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Is there any push right now to enact legislation that makes patent litigation available only to entities that actively participate in the relevant marketplaces? It doesn't seem like there is, but maybe I'm not that informed in these affairs.

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No. Just stop granting patents on software or business processes. Copyright, yes, patents, no.

You can grant both but for no longer than a year.

That seems like a pretty unfair approach -- if it's valid to have a patent, seems like you shouldn't penalize someone who doesn't have the resources to "actively participate" in the market by preventing them from licensing or selling it to others.

I personally don't care for patents, but even more unfair than what we have would be letting some, but not all, actors get and enforce these patents.

It has some precedent. I have read that at pioneer times you could have been given deed to the piece of land but only on condition that you did something with the land. If you didn't used your land in any way it could be taken away from you.

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