If the Internet were patented, I have no doubt that someone would have spawned their own version of it (perhaps with a few differences to prevent a lawsuit) and

If the Internet were patented, I have no doubt that someone would have spawned their own version of it (perhaps with a few differences to prevent a lawsuit) and CERN's version would have failed much like Gopher did. The Internet is a perfect example of an instance where a patent would have stifled innovation not spurned it.