You're splitting hairs. Microsoft spends years and millions (if not billions) developing software, just like Monsanto does for seeds. Both the software and the seeds can be copied with easy, well known techniques that have existed since the dawn of their respective technologies. They are essentially the same idea. The courts are only ruling as such because there is already history of software patents being upheld, and so to rule against Monsanto in this case would set precedence and encourage lawsuits against software companies.
I don't know where you live but I don't know of a single country that doesn't have patent laws.
http://www.osgata.org/wp-content/uploads/2011/03/OSGATA-v-Monsanto-MTD-Decision.pdf "defendants reiterated that it is not their policy to exercise their patent rights against farmers whose fields inadvertently contain trace amounts of patented seeds or traits. In particular, the reply letter referenced plaintiffs’ claim that they do not have any intention of using any transgenic seed and noted that, “[t]aking [that] representation as true, any fear of suit or other action is unreasonable, and any decision not to grow certain crops unjustified.”
"Inquiry is fatal to certainty." -- Will Durant