When we talk about Design Standards, we are referring to documents such as FAR 23, FAR 25, etc. These are developed by the Regulator in accordance with obligations pursuant to ICAO decisions. In general, a particular Design Standard will comply with ICAO requirements other than in respect of differences notified formally by the relevant State.
I have never seen any interest on the part of aviation Regulators when discussion gets around to patents. The latter are a civil matter for litigation and design protection and, as such, are not within the ambit of the Regulator.
The Regulator will (should) act to ensure that the requirements of the Design Standards are met. If, for instance, a proposed gadget doesn't work then, so long as it doesn't create a problem, there is no reason why the applicant can't waste its money and effort on incorporating it. Problem belong applicant, not Regulator.
Sometimes, a Type may be found to have a problem some time after Certification and the TC basis may be reviewed. On occasion, additional or changed requirements may be imposed to fix such an after the event problem.