Perhaps he should have applied for one http://en.wikipedia.org/wiki/The_Sword_of_Shannara#Sword_and...
To take a quote from your source: "Every writer owes a similar debt to those who have come before." - this is something I believe speaks more to the core of software development than the patent system we use today.
Terry Brooks' supposed imitation of The Lord of The Rings didn't stop it from generating hundreds of millions of dollars in revenue.