"No need for legislation, no need for lawyers. If I
were a coder on a, say Linux, project and M$ accused me of using
'patented' code, I would create an negative averment affidavit,
something along the lines of:
"I see no evidence that M$ has any patentable code and I do not
believe that any exists.
"Sign it and send it to the M$ registered agent (at least one in
Washington (I'm not sure if it needs one in each state were it does
business)) under notary seal, and give it 3 days to
respond/refute."