From Misus:

...the OIN patent pooling approach relies on the patent monopoly to work, since the potential threat of a patent infringement lawsuit is what induces third parties to enter into the OIN license (on the other hand, without the patent monopoly, there would be no reason for OIN to exist).

[...]

In other words, it's similar to the situation that would exist in the absence of IP--without all the effort and waste to get a bunch of flaccid scraps of paper.

Even Microsoft understands that paper is an issue. Another project has just joined the GPLv3 club, which among many things, is a statement against the misuse of software patent.