Patents Best for Detectible Software Elements

From Anything Under the Sun Made By Man:

"When an embodiment of an idea is expressed in a language that is compiled and distributed as executable code, how can that idea be detected? If it cannot be detected, there is no way to know if someone infringes...

For the Patent Office, it may be enough that an invention is novel, useful, and non-obvious, but for the business owner, detectability is a very important factor that should be considered before investing in patent protection."