As a point of clarification, people have been patenting design elements such as shapes for more than a century. All one needs to do, ironically, is go to Google Patents to demonstrate that fact. There are reasons why, for instance, no one copies coca cola's hobble skirt bottle. The various forms were patented decades ago and the associated labeling is trademarked. People have also regularly patented ideas that have never become actual products for equally long. Like other archaeologists, I do patent searches from time to identify artifacts for historic sites. One might be surprised at the array of items, design elements, and design concepts that have been patented.
People who express their indignation over patenting rules really should just do some very basic homework. The system has worked for over a century. Is it perfect? No it is not. I would still prefer, however, that ideas are protected so that corporations cannot just raid things that have long been defined as intellectual property whenever it is convenient. Neither consumers nor innovators are protected when there are no rules. It is a balancing act but it still works more than it doesn't.