In the movement toward patent reform, the Patent Office, Congress, and the courts aren't the only targets for change. Individual and corporate patent owners have steps they can take to reduce the harmful effects of software patents and disempower patent trolls, largely through alternative licensing schemes.

We're excited to announce the first set of patents released under one such scheme, the Defensive Patent License (DPL). The 23 patents, owned by EFF cofounder John Gilmore, were created by Pixel Qi, a startup that aimed to advance low-power LCD screens. With these patents under the DPL, anyone can license them royalty-free as long as they license their own patents (and commit to licensing future patents) under the same terms—even if they don't have any patents at all.

Yesterday, EFF filed an amicus brief at the Federal Circuit urging it to confirm that U.S. Patent No. 6,585,516 improperly claims ineligible abstract ideas. In the brief, we argue that the patent on using picture menus stored in a database to create meals should never have been granted in the first place. But more importantly, EFF argues that the Federal Circuit should confirm that quick, early decisions as to patent eligibility are vital to clearing our system of bad patents.