The rule should be for NPE only. In otherwords, as soon as you can prove that the idea is making you money (even if it's a small amount) the ceiling comes off. This doesn't mean "NPE" no longer exists. For example, a business who has a revenue stream but haven't incorporated their invention into their products yet, but want to claim the invention is worth alot. Why aren't you making money on it yourself if it's worth so much?