I'm pretty sure this exact scenario has happened, but instead of going the patent route, the startup got acquired and they all got nice retirement packages from Google (Waymo).
If they can't find anyone to invest in them, are they the ones to execute the idea? Btw, they could sell patents to practicing entities (those who immediately choose to become practicing entities of the patent) and still get compensation for their IP.
And your scenario does not exist, frankly, where someone comes up with an idea so unique and groundbreaking, that it isn't rediscovered for longer than the duration of a typical patent term. You have a couple years, tops. In fact, someone has probably already come up with the idea and you never heard of it. Execution is what matters.
Change always affects someone negatively, but I don't find your examples compelling. Patent trolls and lawyers are the real losers in this scenario, which is fine, because they are currently a net tax on value creation in the IP space.
If they can't find anyone to invest in them, are they the ones to execute the idea? Btw, they could sell patents to practicing entities (those who immediately choose to become practicing entities of the patent) and still get compensation for their IP.
And your scenario does not exist, frankly, where someone comes up with an idea so unique and groundbreaking, that it isn't rediscovered for longer than the duration of a typical patent term. You have a couple years, tops. In fact, someone has probably already come up with the idea and you never heard of it. Execution is what matters.
Change always affects someone negatively, but I don't find your examples compelling. Patent trolls and lawyers are the real losers in this scenario, which is fine, because they are currently a net tax on value creation in the IP space.