If one is careful you can even take steps to actively invalidate prior art. You don't need to just make a new standard either, we've already seen people get away with patently new ways to do the same old thing.
Look up Open Invention Network when you get a chance. The idea is to simply publish the general techniques you use to solve a given problem in a fashion that's easy to search, as a defense against people later trying to patent the same idea.
Yes, for sure. However, it may infringe on existing patents, and it's often quite difficult to determine that in advance. But I agree, among OSS's many virtues are that it establishes what's known and prevents future patents on those techniques.
Most possible system/standards are already covered by multiple patents. "A system for electronic transfer of information", for example. I made that up, but there are many super broad patents like that.
