[tomkinstinch]

Actually, that is precisely what the patent system is supposed to protect.

(IANAL, but...) The deal with the patent system is that the creator of an invention gets an exclusive and time-limited right to production and sale (or if method, use) in exchange for openly disclosing the details of the invention with society. Society benefits by gaining knowledge, the inventor benefits by having a temporary right to what they have created.

In the United States, the patent system is defined as "first-to-invent" (the alternative being first-to-file). By definition, it protects the "first to come up with an idea," as long as the idea is useful, novel, and non-obvious. The idea must also meet a statutory requirement, which is to say, patentable.

This is where arguments can be made, as programs may be considered mere "descriptive material."