content: That would be a fine idea, except there's large companies who would exploit this: imagine I've just patented the latest widget, and am seeking VC to build a production facility. While I'm trying to get the money secured, company XYZ has the money and starts production. I can't sue (or I can, but will waste time and money), because I don't have, and never have had a production facility. So I've lost the protection I should have had.  On the flip side, what's to stop a troll company from making a few then claiming, in court, that they do have a facility that's just coming online, or some such? This seems to be why originally (most) intellectual property had a predefined life span: you can make your money on this for x years, as a monopoly, but after that, you either keep your process competitive or innovate something new and restart the process.