I think there is some divergence of perceptions here. I've worked with a lot of applicants for software patents, and they're not vaguely involved in applying to

I think there is some divergence of perceptions here. I've worked with a lot of applicants for software patents, and they're not vaguely involved in applying to cover something well-known for which they might want to feel ashamed. Typically they're very clever people with a lot of expertise in a domain and they know what they've come up with is really new and awesome, and they're excited to patent it. I think the perception of software patents as a world of rot are based more on the perception bias of everyone reading and reiterating the daily cycle of polemics like this one that may or not cite any specific examples, at least beyond the same handful like the Amazon one-click, than on the actual state of software patents in general. And while the occasional bad patent is easy to see, it's less easy to see how the promise of patent protection helps steer the management decisions of companies to invest in engineers and computer scientists and research and development, rather than investing scarce resources in easier and more predictable ways to generate return on their investment, like hiring more sales people or buying back stock or spending more on lobbyists.