Monsanto, for example, does not create life when they stick a few alien genes into some organism. If you give them a patent, they get a patent on the whole DNA strand, most of which is not their work, and pre-dates their precious innovations by some 1,000,000,000 years. And besides, if you can create a living thing from a genetic clean slate, (which idea is quite delusional, but I digress) that's just something too powerful to be done with a profit motive. Life benefits from a bit of restraint. This is such an area.
The second part is about software patents, which are very similar to patenting math. Forget it. No decent programmer does such things. Only people that write things like DOS EDLIN think of doing such things. I've got some patentable software on this webpage. I'm not even going to tell you what link it's on. That's how you secure software.