The patent system badly needs fixing, but hasty solutions lead to new problems.
1. If you can't sell a patent, but lack capital or the desire to exploit it (perhaps you have invented something more interesting in the meantime, or alternatively you've developed a serious health condition that prevents you from working), the there's a net economic loss to society because the invention languishes undeveloped for 20 years.
2. You are already required to be able to demonstrate as far as I know. Enforcing this more strictly would allow a different kind of patent trolling by large firms that wanted to grab the inventions of smaller firms/individuals for cheap or nothing by arguing that they weren't sufficiently well resourced to develop the product.
3. If you make patent infringement into an affordable cost of doing business then you're just encouraging people to infringe and pass the minimal costs along to the consumer.
> because the invention languishes undeveloped for 20 years.
This could be fixed. One approach that comes to mind is to require a sub-20-year renewal process that, if not followed, terminates the patent. This might be due to simple non-execution (e.g. patents held by a defunct company, or entities otherwise unable/unwilling to pursue development), failure to pay renewal fees (e.g. you must pay an ongoing lease on your monopoly right), etc.
1. If you can't sell a patent, but lack capital or the desire to exploit it (perhaps you have invented something more interesting in the meantime, or alternatively you've developed a serious health condition that prevents you from working), the there's a net economic loss to society because the invention languishes undeveloped for 20 years.
2. You are already required to be able to demonstrate as far as I know. Enforcing this more strictly would allow a different kind of patent trolling by large firms that wanted to grab the inventions of smaller firms/individuals for cheap or nothing by arguing that they weren't sufficiently well resourced to develop the product.
3. If you make patent infringement into an affordable cost of doing business then you're just encouraging people to infringe and pass the minimal costs along to the consumer.