What would you patent? “A program which handles low level functionality and manages other programs?” I suppose what I mean is that there is “prior art”. You can’t patent something if it isn’t new and the concept of Linux isn’t. Linux isn’t the first kernel. This law wouldn’t change that. The first person to create a kernel though, under this law that might perhaps (?) have been patentable. Which would’ve crippled the entire software industry in it’s infancy. Yay patents!