I agree with pg, although I am concerned this might take away from the urge to reform software patents the real way:
I would propose to eliminate software patents, or limit their time frame to 2 years. The industry moves way too fast and 17 years is way too long. I know pg wrote that "if you are against software patents, you are against patents", but consider this: the 17 years are completely out of proportion to how quickly the software industry moves. And the pace at which they are submitted is simply too great for the patent office to do anything appropriate in most cases. When we apply the patent trade-off to it, you get a negative result, not a positive one.
The patent trade-off is essentially that the company discloses their "secret" invention to the public, in exchange for a 17 year MONOPOLY (enforced by the government) on so much as implementing this invention in any context.
In software, innovations such as "in-app purchases" or "one-click buying" may not be obvious in 1997, but a couple years later they become "incremental improvements" that are pretty obvious to everyone. In fact, OPENNESS (open source, especially on the web with HTML, CSS and Javascript) has been the biggest driver of innovation, and not patents. Clearly, there are other motivations besides having a monopoly, and those motivations don't need the patent system at all. In contrast, they are being stifled by the patent system.
No one read the lodsys patent in order to "invent" in-app purchases. They were just bloody obvious to implement when the time came. Almost any experienced practitioner in the art would have said it was obvious when they were introduced. Then Lodsys came out of the shadows and demanded money.
My point is that the very purpose of patents is being undermined. It is supposed to promote innovation, by letting companies feel safe disclosing their "trade secrets" and "secret inventions". In reality, though, these inventions are extremely obvious to everyone when they are introduced a couple years later, and all software patents accomplish is the downside of the compromise: namely, a patent troll (a company that never implements anything, but just files patents) actually comes out and leeches money from those who DO implement the innovation.
That makes innovation more expensive, and patents become like a tax on those who actually IMPLEMENT ideas -- which we all know is much more important than merely HAVING them. For up to 17 years anyone implementing this will have to pay, and is the industry better off? Not at all. It moves so fast, that in a couple years, what was patented by a troll becomes the next obvious step. Software patents for 17 years are not benefiting society.