Perhaps you mean good luck getting a valuable software patent. You would be right - <5% of patents are used in litigation or licensing discussions. However, it oftentimes still makes sense to have a few patents if you're running a startup (I explain why in the free patent strategy course @ zerotopatent.com) without spending too much time or money getting them.
Regarding your larger point, I've written and prosecuted hundreds of patents, and 95%+ of them were allowed. And very few of these ideas are groundbreaking. It does speak to brokenness of the system, unfortunately, but these are the rules of the game until Congress changes the rules.
Regarding your larger point, I've written and prosecuted hundreds of patents, and 95%+ of them were allowed. And very few of these ideas are groundbreaking. It does speak to brokenness of the system, unfortunately, but these are the rules of the game until Congress changes the rules.