http://en.wikipedia.org/wiki/Baker_v._Selden"[w]hilst no one has a right to print or publish his book, or any material part thereof, as a book intended to convey instruction in the art, any person may practice and use the art itself which he has described and illustrated therein.
http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microsoft_CorporationThe court ruled that, "Apple cannot get patent- protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]..."