FreeBSD still uses GNU's version of patch, while other *BSD have alrerady switched to using larry walls version that is available under a BSD-license. The attached patch uses the version of lwpatch that dragonfly uses, as there were no code changes necessary I did not update or add $FreeBSD$ lines. (Wasn't sure if there are needed in this case) GNU patch still gets installed as gpatch, with the man page renamed accordingly. The second patch attached changes how usr.bin/awk is calling patch. The chosen solution works for both GNU and lwpatch. Note that I think patch should be made a build tool, as you cannot build a world with !GNU patch currently. Another, possibly better solution would be to remove the patching in usr.bin/awk/Makefile.
This was done in r253689 and preceding commits. BSD-licensed patch is shipping since FreeBSD 10. The awk patching change is not required anymore either. Thanks for keeping the hope and pushing this all this time!.