You demonstrate a misunderstanding of why the patent system exists (not surprising given the people that profit from it go great lengths to ensure this is the public perception). The legal protections baked in the the patent system are supposed to be a side effect; they are the carrot to get people to buy into registering a patent. The intended result is to provide a path for non obvious ideas to enter the public domain. The legal protection is provided to discourage people from hiding or obfuscating construction plans to maintain their monopoly while also ensuring that those same plans are on record at the patent office so as soon as the device enters public domain access is available to all.
Under this scheme the "ability to franchise the making of foam in a specific arbitrary shape" completely fails the test of being unique or novel and is 100% divergent to why the patent system exists.
Under this scheme the "ability to franchise the making of foam in a specific arbitrary shape" completely fails the test of being unique or novel and is 100% divergent to why the patent system exists.