I agree, the actual code will always be protected by copyright. The only thing sw patents do is protect ideas, which is ridiculous. Patents should only be given for unique concepts that have unique methods for implementation clearly described. Just re-using pre-existing concepts together or just happen to be the first to apply a pre-existing concept in a slightly different context shouldn't be sufficient.
exactly
based on this patent, if you were to take a new form of tissue paper, you could in thoery patent the idea of wiping your ass with it.