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Sure, but what's the alternative? No protection for novel ideas? Then where'd be an inventor's incentive to make a new improvement if the improvement will not be protected.
It's much more likely that that red-green port-a-potty occupancy sign would prevent others from getting a patent in other fields than it would serve as a royalty leech in it.
The alternative is to forget the idea of patents and move on. Any entrepreneur with a track record knows execution >>> idea. Thus why do we care or admire people with patents. Ideas are a dime a dozen, executing those ideas is what really matters.
I am an entrepreneur with a track record and I can tell you that, in physical products, patents have value. Without them, there would be no incentive to make any novel physical product because as soon as you executed on your idea, China inc. would crush your business.
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