I have to disagree with you there. If he didn't build an actual
working device, he did not demonstrate they were possible.
At least within modern standards, one can patent an invention not yet
built. The USPTO is at least mostly not demanding working models.
It surely appears to me that if the patent application describes the
invention to an extent to be produced by "those skilled in the art"
(including any necessary minor modifications obvious to only those
"skilled in the art") then the invention described in the patent
application only has to be adequately unique in order to be patentable.
Furthermore, the patent application even does not have to describe any
embodiments that work better for current applications than the "prior art"
does, although it helps to write in "background of the invention" how the
invention will improve upon the prior art even if waiting for an
improvement in related technology. However, the unique invention as
described should be then-currently reproduceable in a working form (even
if at that time in an inferior manner) by those "skilled in the art" when
working from nothing but "their skills in the art" and detailed
description of the invention in the patent application - it only has to
work at all and be adequately described to be reproduced by "others
skilled in the art" and to be adequately unique, as determined by the
patent examiner.
- Don Klipstein (
[email protected])