Except, if it really serves just to hinder development and as an additional tax then it wasn't a valid patent to begin with and falls under point (2).
Valid patents have to work (couldn't patent transistors in 1820), be new (which, as you mention, isn't the hard part in turning ideas into value), _be non-obvious_ (this is the point that pushes your idea from (1) to (2); if somebody else were likely to spontaneously have the idea then it wasn't a valid patent to begin with, and if they weren't then the "additional tax" is a tax on a product they otherwise could never have made), and include clear instructions (from the patent, reasonable competitors ought to be able to instantiate the idea -- if they can't, it's yet again invalid).
I do like what you're getting at though; the goal is to encourage actual inventions to actually be used. The patent mechanism attempts to do so by granting temporary monopolies (even with no real value via trolls), then guaranteeing that the invention is available for use afterward. You might be able to come up with another legislative mechanism encouraging real use of the patent before its expiry, and if it actually worked that'd probably be a good thing.
Valid patents have to work (couldn't patent transistors in 1820), be new (which, as you mention, isn't the hard part in turning ideas into value), _be non-obvious_ (this is the point that pushes your idea from (1) to (2); if somebody else were likely to spontaneously have the idea then it wasn't a valid patent to begin with, and if they weren't then the "additional tax" is a tax on a product they otherwise could never have made), and include clear instructions (from the patent, reasonable competitors ought to be able to instantiate the idea -- if they can't, it's yet again invalid).
I do like what you're getting at though; the goal is to encourage actual inventions to actually be used. The patent mechanism attempts to do so by granting temporary monopolies (even with no real value via trolls), then guaranteeing that the invention is available for use afterward. You might be able to come up with another legislative mechanism encouraging real use of the patent before its expiry, and if it actually worked that'd probably be a good thing.