#8 For any claim of patent infringement, irreversibly releasing the code in question under any one of the Open Source licenses recognised by OSI is an affirmative defence entitling the defendant to an immediate dismissal of a claim based on that code  as a matter of law. If the code in question was already so licensed prior to the filing of the law suit, the defendant is entitled to recover all legal costs from the claimant as a matter of law upon dismissal. Furthermore, any member of the bar who knowingly brings forth a claim for patent infringement against code already so licensed is subject to automatic, immediate and permanent disbarment as part of the dismissal.

This will take care of software patents while fulfilling the Constitutional purpose of patent protection: http://en.wikipedia.org/wiki/Copyright_Clause :

“… To promote the Progress of Science and useful Arts, … ”