The very existence of personal computing disproves your point. The patent system is not a new invention, and there are thousands of patents in every step of this development. Each company creates patents and then licenses them to other companies interested in the technology.
>The very existence of personal computing disproves your point.
Hardly. Of course the patent system isn't new, Apple just isn't behaving like personal computing companies have historically behaved. Licensing complex things like algorithmic implementations hasn't been uncommon, but licensing obvious UI ideas has been.