Algorithms are not patentable but yet software is. Since any software package describes an algorithm (albeit an incredibly complex on potentially) that puts sof

Algorithms are not patentable but yet software is. Since any software package describes an algorithm (albeit an incredibly complex on potentially) that puts software at an odd spot. An example of a solution would be to say that you can't go after someone for implementing an algorithm (so by extension any software). Rather than eliminating the patent eliminate that ability to enforce it. They likely wouldn't go for something so simple, but it is an example of the potential train of thought.