Policy: Why have utility requirement? Let market decide value for junk.
1. Purposes
a. Timing Device
(A) Amplifies incentive: If you did the first few steps, it gives you a strong incentive to follow through on research because you get nothing otherwise.
(B) If you don’t do the last step which we think you are in the best position to do, you get nothing.
Ex. Brenner.
(C) Reduces blocking patents
(1) To extent we allow you to come to PTO early we set up richer env for blocking patents, more of them will be issued if people can come quickly.
(D) Counter: if we think process patent holder is best coordinator of development on use, then we may want first to invent process to patent and let them supervise discovery of use.
b. When utility is incorporated into the patent, it makes it easier to search.
c. Signaling value of use.
2. Problems
a. Worried about inventor who discovers X, doesn’t continue research to find uses knowing that she can block any inventor who later discovers a use from using the process to produce X.
b. Lottery idea: Patent a bunch of stuff figuring you will hit the jackpot. Want to prevent this?
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