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>Theranos never had a working product //

Not having to have a working _product_ is actually sensible IMO: maybe patent terms should be limited in such situations (half perhaps).

If I invent a new space rocket, how am I going to keep it quiet, as a small time inventor, long enough to get funding, and build the rocket (we're looking at 1000s of NDAs and warding off an entire rocket production facility from public view) ... do I then have to submit it for testing to make sure it conforms to the invention the patent was applied for? Maybe that requires dismantling it, or witnessing it in operation in an extra-terrestrial planets atmosphere (Mars landing capability, say) ... it's just not workable to require an embodiment to be produced.

Aside: most countries have utility or design patents that protect actual products, but these are in addition to technology patents because working around a single embodiment or design is relatively easy to do, working around a mode of operation is not.

Patent applications are already supposed to be enabling disclosures, that is guides to the skilled person in that field which would enable them to work the invention. This requirement has maybe slipped a bit; but in the US8283155 patent in question they seem to give reasonable information about the operation and scope of their idea [it's not my field].

Just my personal opinion.



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