I'm afraid that point doesn't work so well here. After Lotus brought out 1-2-3 a few years later, VisiCalc didn't do so well. VisiCorp was dead less than 2 years after the release of 1-2-3. One could argue that a patent would have kept VisiCorp alive. (Admittedly, part of the failure of the company was due to litigation with the authors of VisiCalc.)