The sanity of any laws built on top of the patent system require that granted patents make sense and represent actual "inventions". A patented invention should provide enough detail in the patent filing to allow other experts in the same field to recreate the "invention". For any sensible definition of a patent that could be related to software, such a filing would include actual source code (or at least very detailed pseudocode.

Alas, until issued patents actually represent real inventions, then all the rest of the laws surrounding their use and enforcement will appear utterly insane as well.