There is no question of Patent violation. If software design would have
been patentted, then you would not have web based mail, web site, and
lots other stuff.
I'm not at all sure what you think you're talking about. In 1981, the US
supreme court decided the case of Diamond V Diehr. To make a long story
short, they ruled that the mere fact that all or part of an invention
might be realized in software did not render it unpatentable material.
Software patents in general
The are some requirements that may immediately sound somewhat strange:
patent law requires (among other things) that the invention be realized
in some tangible form, so a patent rarely applies directly to the
software itself -- instead, it applies to something like "A method of
operating a computer [...]" or "A storage medium containing [...]" or
something on that order.
Nonetheless, within the other basic rules of what's patentable, you can
certainly apply for and receive patents that apply to software.
It's worth noting, however, that this varies throughout the world --
European rules are different from those in the US. Japanese rules are
somewhat different from those in either the US or Europe. Other
countries, of course, differ from any of the above.
It should also be noted that patents on software did not come about
quickly or easily. There was a long and rather tortuous set of decisions
before the 1981 decision. One that makes interesting reading is the
decision on Gottschalk V. Benson.
Coverage of specific applications such as Web-based mail
Though it's arguable that the standards in these regards are too low,
there's at least the general idea that to patent something, it has to be
new, useful and novel. To use yoru example, I doubt that web-based mail
meets even one of these requirements, not to mention all of them.
References
Diamond V. Diehr:
http://tinyurl.com/537rp
Gottschalk V. Benson:
http://tinyurl.com/zlr8h
US patent law [pdf]
http://tinyurl.com/pjsg3