Why do you say so? Software patents are rarely guarded? Or something else?
(This sort of thing tend to confuse people since, the US patent office doesn't check for patent validity before granting patents. So there are a lot of companies that own invalid patents which have simply never been challenged in court.)
If you live elsewhere you should look into the laws of your local jurisdiction, but many places have the same or similar legal doctrine.
[0]: https://en.wikipedia.org/wiki/Gottschalk_v._Benson
[1]: https://en.wikipedia.org/wiki/Parker_v._Flook
[2]: https://en.wikipedia.org/wiki/Software_patents_under_United_...