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Two pieces of technology are behind the Internet as we know it today.
Neither one is patented.
They are TCP/IP and Linux.
All the network traffic runs over TCP/IP.
95%+ of the servers run Linux. So do the Android phones and Chromebooks.
Clearly, patent protection in software is not required for society to benefit greatly from technological innovation in software.
Linux isn't a patentable thing. It's not one idea or even really a new one. I agree with your premise though. Patents, in nearly all cases, suck.
Patents have been an issue for Linux before. For example, memory deduplication (KSM) was delayed and modified to avoid a patent on using hashes for this purpose, resulting in a potentially inferior implementation due to patents.