Do I need the actual software to get a software patent?

No you don’t need the actual software. However you can’t patent an idea - to get a patent you must disclose how to make and use your invention. Simply stated you must have the details worked out. Probably don’t need to know the language. No need for an LLC unless you want to protected yourself from being sued personally for infringing another's patent. Converting an existing program to an iphone app may or may not be patentable. I can’t tell until I see the differences.

1. You do not need to have the software already coded. You need enough information to enable someone of ordinary skill in the art to make and use the invention. This is called the "enablement" requirement. This is usually done by flowcharts. 2. You are not required to have an LLC. You can transfer title to a patent application at any time after it is filed or even after the patent issues. It is up to you and depends on whether you are doing activities that could generate liability. Probably not much liability is raised by patenting something, but manufacturing something or selling is a different thing. Seek counsel from a corporations attorney. 3. I am not sure I understand your question. To obtain a patent, you need to be an inventor. We are currently a first-to-invent country but in a bit less than a year and a half, we will be a first-to-file country. Transforming software to an iPhone app is probably not novel enough but there may be some significant changes to accomplish the transformation.