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>maybe it should be based on revenue generated

The pitfall there is that there is no guarantee of revenue. You also invite the possibility of predatorily delaying revenue generation. Potential revenue generated would be more on the nose.

In another sense, sustaining a patent until it generates sufficient revenue can be seen as oxymoronic to the idea that patents incent products that serve the public interest - since, if the patent is not creating value, how can it be in the public interest?

Patent lifespans are already sort of considered based on potential revenue generated, and use number of years as a proxy for that



You wouldn't need to get rid of the current limits, just expire the patent sooner. If a company generates $10 Billion dollars in the first 5 years of their 20 year patent the reminding 15 years isn't necessary to incentivize innovation.

Rewarding innovation has been archived, just skip ahead to the part where the public at large benefits.


So a cap on patent revenues, with ensuing expiration


precisely




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