2) Eligible inventions would include anything that a customer pays for - as in the exchange of value designates the scope of invention from a patent enforcement perspective. From a patent defense perspective, as long as the invention logs show no use of another patent (when the attacking inventor requests certification at their own expense). This would also focus invention on creation of value instead of creation of legal IP.
3) I disagree, this proposal is an attempt to let people opt out of a broken system by certifying invention through at least one adopted methodology of original design. Again, think of it like buying insurance - every complex industry requires some sort of overhead to deal with subjective enforcement of laws. The capping of costs reduces the average overhead so much vs the current system where anyone who succeeds in the market pays a big, unpredictable legal tax.