Something not mentioned here is that software itself is rarely the subject of a patent. Instead, it is a "computer system running software". This, I think, is a trick to get around software itself not being patentable in some jurisdictions.

I really like this proposal but it lays bare the fact that the invention lies entirely within the software itself. When the patent industry has been pretending for years that the "invention" is a hardware thing that could, optionally, use software.