I'd say their legal status in current intellectual property law (in some countries) is what makes them special.
The widespread abuse of patents has IMO flipped the original rationale for having them (to promote the progress of Science and useful Arts) into tools that discourage innovation and experimentation.
The widespread abuse of patents has IMO flipped the original rationale for having them (to promote the progress of Science and useful Arts) into tools that discourage innovation and experimentation.