Can we find some term that does cover all of the things that don't need patents. It's somewhere between software patents, and all patents except medical/drug patents. Much of what is inbetween those two should (or could if the abuse is lesser there and we want to move it over) be covered by copyright, trademarks, etc. Reasons not to include new loopholes, probably deliberately written, new international treaties to at least make it sensibly easy to cover all markets, many more.