The Spivack rule says that a high level of obstraction in software corresponds with triviality:

Spivack, 774:

"At the lowest level of abstraction, a computer program may be thought of in its entirety as a set of individual instructions organized into a hierarchy of modules. At a higher level of abstraction, the instructions in the lowest- level modules may be replaced conceptually by the functions of those modules. At progressively higher levels of abstraction, the functions of higher-level modules conceptually replace the implementations of those modules in terms of lower-level modules and instructions, until finally, one is left with nothing but the ultimate function of the program…. A program has structure at every level of abstraction at which it is viewed. At low levels of abstraction, a program's structure may be quite complex; at the highest level it is trivial”.

This is because on a high abstraction level it is often nothing but the reinstatement of the problem. The problem are not trivial software patents. Software patents are inherently trivial because their abstraction level is worthless.