Boulton's patent covers vanes attached to the wingtips, hinged at their center, and used to keep the wing stable about the roll axis. He describes a weight hanging from the center of the airplane attached to cables that rotated the vanes to make it stable.

The weight-hanging thing is clearly unworkable, as it would be gyrating and swinging about in the breeze.

Wing-warping and ailerons are far more workable, as the control force is in proportion to the amount of their deflection. This makes control natural. The vanes, being hinged on their centerline, have no such feedback.

As far as I know, no airplane has ever used such a device. I wouldn't call them "modern" ailerons at all. None of the Wright's contemporaries used it, including Charles Manly, the pilot of Langley's Aerodrome which had no longitudinal control at all, yet later argued that Boulton invented it.

I think there's a LOT to be said for inventing and building a system that actually works and flies, rather than a sketch on a piece of paper.

All modern aircraft can trace their designs right back to the Wright Flyer.

This is the approach I think I would argue, if in their shoes, as it's not dependent on changing the shape of the wing.

That said, another one if the Wright Brothers claims was adjusting angle of incendence of a lift generating surface to steer (calling the tail-horizontal-vertical-stabilisers "rudders").

Adding the aileron, in addition to the wing and tail, would probably qualify as a patentable claim. But I suspect the method itself would still fall within the Wright brothers claims for either the wings or the tail. But maybe not, as long as the aileron doesn't generate lift, which is a completely different argument if semantics.