As far as I understand, these are only applicable if a patent holder and a copyright holder are the same entity, but not applicable to any clean-room implementation of Swift created by the community. At least no one to my knowledge was able to claim that such reimplementation does not infringe on the patent in the relevant thread: "Apple is indeed patenting Swift features - #11 by Max_Desiatov". Ironically enough, if the same patent existed for C or C++ (and Apple didn't own it or license it) this would prevent Apple itself from participating in the LLVM/Clang project, as it would infringe on such patent.