The basic idea however is quite simple: patents protect processes or things that work. It's a matter of US patent lore that the US Patent & Trademark Office (USPTO) has received many patent applications for a back scratcher. One such patent description is here.
Most programmers, want to protect commonly used software techniques from patents -- i.e. make software writing impossible for the small developer because of patent issues.
The foremost voice for the "little guy" in this is the Electronic Frontier Foundation, and in particular its Patent Busting effort.
In general, in the face of a patent claim by a firm, a strong defense is prior art, i.e. previous work (by millions of programmers) before the patent was granted. But there is the cost and delay of lawsuits. Outfits like Google factor this is in as a price of doing business.
Microsoft has a different approach: it enters into cross licensing deals with other companies holding major portfolios of patents. Microsoft has many patents, not a single one of which is considered by open-source advocates to be an original contribution to software. This by the way is what patents are about. A patent is filed publicly and made available for all to use -- the concept is that this contributes to the common technology available, but you are compensated for a limited period (17 years average) for this contribution.
However, there are now tens of thousands of software patents in force, although many of them are vulnerable to prior art claims, or even conflict with each other. In any case, no one, either legal counsel or a programmer can possibly be aware of all the possible claims.
For the small programmer this means we have to rely on the Electronic Frontier Foundation, and to a lesser extent on Google to dismantle this situation. Google's contribution is that it has chosen to use open-source software, despite possible patent claims, but it has deep pockets to defend it self, and where necessary pay license fees.
Microsoft's approach, which includes buying pools of patents, has other issues, which the US Department of Justice has noticed. In another article, I read that Novell has been sold to Attachmate, and Microsoft will license instead of buy the patents concerned. Interestingly enough, Novell has a very useful attitude to patents from the point of view of the open-source community, as described in the article.
