Wasn’t there a time when you had to actually present a prototype of the thing you wanted to patent to the patent office?

I think the patent system needs a little work, yes, but I think it’s often conflated with the bass ackwards copyright law in the US. Used together, the two give you the ability to perpetually remain the proprietor of your “invention” because your invention is only ever distributed as a licensed work. This is directly at odds with the purpose of the patent system in the first place.

Patents are supposed to 1) reward inventors, during a limited, exclusive, window, for their inventions, and 2) reward society for curating good inventors by giving everyone access to the details of the invention immediately so our collective knowledge increases. It’s not meant to be used to build your corporate fortress. However, the patent into copyright strategy is how purely digital content behemoths survive. So good luck.