Comment It's not software patents (Score 4, Insightful) 192
The biggest problem here isn't the question of software patents. It's patents on things that are obvious, or are an obvious progression from something that's already common (eg. taking the manual process of balancing a checkbook and having a computer perform the exact same steps). It's just that software is the field where it's taken root the most, I think because people treat computers as some sort of magic that transforms the ordinary into something extraordinary.
The most straightforward way to deal with it might be to take computers out of the picture. Start by asking the question "If we replaced the computer with a trained monkey who could slavishly follow instructions, would this be patentable?". If the answer is "Yes.", then the patent's valid. If the answer's "No.", then the burden should be on the patent-holder to explain why the application of a computer to this problem is so non-intuitive, so non-obvious, that someone familiar with the problem and computers would not think of letting a computer handle the chore. And "Because nobody's done it before." is not a valid response. Someone always has to be the first one to try to solve a problem. Counter-intuitively, the patent-holder should have to show that they were not the first, that doing this was so non-obvious that there's a large number of other people who knew what they were doing who tried this and could not figure it out. That the first person to try it immediately found this solution should be considered support for the idea that this was an obvious solution and thus not eligible for patent. That is, after all, almost the dictionary definition of "obvious": the first thing you think to try when faced with a problem?