Well, that would be unfortunate if Apple never answered. But, as some people said, we might need to be a little patient.
How much stronger the Swift community would be if there were no patents in the first place?
I'd see it more as a problem for the (not too far) future than as an issue that would already strongly affect Swift today. While patents were filled several years ago, it looks like it's only recently that people from the open source Swift community noticed it (at least, I don't remember ever seeing such concerns anywhere prior to those posts).
Anyway, back to the actual question of what should be done: as a Swift user, I'm more concerned about what people will be concretely allowed to do than just about the presence or absence of patents.
Again, this is my own, non professional, opinion on this matter, but, let's say I'm worried of not being able to do X because of a certain patent, and I receive a clear, legally binding, authorisation to do X, doesn't the presence or absence of the patent become irrelevant?