That sets up an interesting thought experiment. Where do you think the world would be today if the World Wide Web had been patented? Here are a few guesses:
Rather than an open World Wide Web, most people would have remained on proprietary, walled gardens, like AOL, Compuserve, Prodigy and Delphi. While those might have eventually run afoul of the patents, since they were large companies or backed by large companies, those would have been the few willing to pay the licensing fee.
The innovation level in terms of the web would have been drastically limited. Concepts like AJAX, real time info, etc. would not be present or would be in their infancy. The only companies "innovating" on these issues would be those few large players, and they wouldn't even think of the value of such things.
No Google. Search would be dismal, and limited to only the proprietary system you were on.
Most people's use of online services would be more about "consumption" than "communication." There would still be chat rooms and such, but there wouldn't be massive public communication developments like blogs and Twitter. There might be some social networking elements, but they would be very rudimentary within the walled garden.
No iPhone. While some might see this as separate from the web, I disagree. I don't think we'd see quite the same interest or rise in smartphones without the web. Would we see limited proprietary "AOL phones?" Possibly, but with a fragmented market and not as much value, I doubt there's the necessary ecosystem to go as far as the iPhone.
Open internet limited by lawsuit. There would still be an open internet, and things like gopher and Usenet would have grown and been able to do a little innovation. However, if gopher tried to expand to be more web like, we would have seen a legal fight that not only delayed innovation, but limited the arenas in which we innovated.
