> Are there subtle (or not subtle) arguments against a "to qualify for patent protection you actually need to build this" clause?
What does "build" mean? Can I get an idea, file a patent application and then start building? Or, do I have to build before I file? What if it takes longer for me to build than it takes the patent to issue? (Or, I can't legally sell when the patent issues, as is often the case for drug companies.)
If I make one instance and try to sell it, have I satisfied the "build" constraint? Or, do have to successfully sell stuff continuously? What if I can't legally sell because the thing that I'm building requires the use of IP that I can't get a license for?
What does "build" mean? Can I get an idea, file a patent application and then start building? Or, do I have to build before I file? What if it takes longer for me to build than it takes the patent to issue? (Or, I can't legally sell when the patent issues, as is often the case for drug companies.)
If I make one instance and try to sell it, have I satisfied the "build" constraint? Or, do have to successfully sell stuff continuously? What if I can't legally sell because the thing that I'm building requires the use of IP that I can't get a license for?