How about modifiying to if you can prove "prior art" on an invention but did not have sufficient capitol to file for the protection or start up a business with the patent so that someone else is granted the patent later, the prior art owner is not subject to the patent?

Not a perfect idea, but an idea to kick around on improving rather than just the blanket statments of "kill all patents" that are so trendy. Also, we don't have to say that all garage inventors are dead.