Your distinction doesn't make any sense. Besides, you can patent a gadget without ever building one. In other words you can patent a CAD diagram. Then you could

Your distinction doesn't make any sense. Besides, you can patent a gadget without ever building one. In other words you can patent a CAD diagram. Then you could use your gadget patent to prevent anyone from legally building your gadget (in the US assuming a US patent) I am aware of actual evidence that patents help, if enabling small companies to withstand pressure from behemoth companies is considered help.