Get the Supreme Court to do it for you, by establishing more rigorous standards for obviousness:
The justices today unanimously overturned a decades-old test used by the lower court that handles patent appeals, saying the lower court went too far to shield patents from legal attack. […]
The decision extends a Supreme Court trend that has put new limits on patent rights. In today’s case, the justices heeded arguments from large computer companies and automakers that the lower court test, which centered on the requirement that an invention be “non-obvious,” had given too much power to developers of trivial technological improvements.
In a second ruling today, the court gave software makers new protections from patent lawsuits on exports, ruling that Microsoft Corp. doesn’t owe damages to AT&T Inc. for copies of the Windows operating system installed on computers overseas.
Via Slashdot. For those who aren’t up to speed on patent idiocy, the Supreme Court has had to start addressing the giant patent mess created by lower cour rulings in the 70s and 80s that legitimised (among other things) software patents and business method patents.