2) That example MUST BE PRODUCED TO THE COURT should the patent owner sue over it. With exceptions where the example has been accidentally destroyed etc etc. Why allow for destruction?

I'd suggest:

2) The example produced with the filing would be returned sealed by the USPTO for safe keeping of the patent holder. That example MUST BE PRODUCED TO THE COURT WITH THE SEAL INTACT should the patent holder sue. The court may unseal to get access to the example but the example would be held by the court until such time as the case is over when it would reseal it.

For software, the example could be stored on media, but the patent holder is required to provide the hardware to be able to run it. Should the example not work, or be unable to be provided, the patent would automatically be ended and put into the public domain with the case dismissed with prejudice (and costs awarded) against the patent holder who sued.

To put it another way, the working example form part of the patent and if unavailable (as a working example), the patent becomes void.

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• a working model -prior art- - Authored by: Wol on Saturday, October 20 2012 @ 08:01 PM EDT