In a recent talk, Kappos stated that the US has the best patent system in the world.  As one article pointed out, Kappos just assumes that software patents are good for the economy.  http://arstechnica.com/tech-policy/2012/11/us-patent-chief-to-software-patent-critics-give-it-a-rest-already/.

Plenty of others disagree, citing the recent troll problem.  While patent trolls certainly are a problem, I think it is unfair to hog tie them to the patentability of software debate.  There are plenty of trolls with patents that have nothing to do with software.  Flying machines weren’t patentable a century ago.  I think a century from now we will look back and chuckle that we ever had the debate on patenting software.  A better solution is to force people to prove they’ve built their idea into a product, then make them define their claims instead of using vague terms.

Then most of the troll problem goes away while still giving an incentive for people to keep inventing.