When I worked at Amazon, I learned that search field auto-complete on the web was patented by Amazon. When I wanted to provide a better user experience in some Amazon-owned open source software, I couldn’t because they didn’t want the Apache 2.0 license to grant patent rights to users. (If the age limit is still 20 years, I _think_ the patent expired in 2019 or 2020).
Conversely, there was that time that Creative patented Apple’s iPod interface (or scroll wheel or something), then they promptly sued Apple over it. I would assert that deeper discovery be done on prior art before granting a patent.
Lastly, the patent trolls who don’t create anything, but own the patent for it (e.g., Eolas suing Microsoft over then-standard NPAPI browser plug-ins). I would assert that granting any patent requires an actual implementation.
I think patents have a place, but (a) see necessary changes above, and (b) I think that software (specifically) should have a shorter patent lifespan because it moves so damn fast.