Now I understand what you are saying. The only way I see individuals deriving value from scarcity is with brands - not functional patents. Even with technical luxury goods like watches and cars, which may also include patents, the real customer scarcity value comes from showing others they are rich enough to buy and flaunt those goods. Can you think of an example where something purely functional is only valuable because it is scarce? Maybe private jets? If jets dropped in price 50x, private airports would become crowded and destroy much of their benefit. But then the gating luxury good would switch to being a member of a private airport network or something.
I am talking about a change to patents, not copyright and trademarks which are exclusive essentially forever. You can still strut around with a $20k Birkin bag (If they deem you a worthy buyer of course) that delivers the same functionality as a $100 purse. No one will be allowed to make fake Birkins and destroy their exclusivity. But if Hermes patents some new zipper, you would be able to duplicate their zipper and pay them a license fee. You would NOT be allowed to mention their brand. Patents are about function, not color, size, style or ornamentation.
I am talking about a change to patents, not copyright and trademarks which are exclusive essentially forever. You can still strut around with a $20k Birkin bag (If they deem you a worthy buyer of course) that delivers the same functionality as a $100 purse. No one will be allowed to make fake Birkins and destroy their exclusivity. But if Hermes patents some new zipper, you would be able to duplicate their zipper and pay them a license fee. You would NOT be allowed to mention their brand. Patents are about function, not color, size, style or ornamentation.