Yeah, but there's no need to patent it as Disney didn't patent them. POTCO could be rewritten with maybe a few small twists on the storyline. Although, considering there is the infinitely unlikely chance that POTC 5 might come out someday(Disney never stated there would be one, but has no announcement stating the opposite either), so they could maybe use the box office money to reboot it. They did close it, but never said it was dead forever. Any ideas to spur that rumour? This needs a rumour mill started and soon.
Edit: It's been confirmed, POTC 5: Dead Men Tell No Tales, will release sometime in 2016. Link here:
http://www.imdb.com/title/tt1790809/