A patent is a set of exclusive rights granted to the innovator to guard his interests for the upcoming two decades or so, when no one can copy the product or has to pay royalties to do so. The whole framework behind this was to be sure the innovator gets monitory and first mover benefits for his research and development, to make sure folks have incentives to do more research and technologies keep coming in markets for the welfare of humanity. Little did the creator of patents law knew that it will be used to hinder the growth, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it offers degraded to your level where a company can just discuss out extra features and file How To Obtain A Patent for the similar. The effect is many companies earning millions and millions not because they manufacture such quality products, simply because these people were the first one to think of a concept. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. Just one cool product leads to utilization of a large number of old patents (using their licensing fees) and creation of two dozen more patents. A patent will not be said to be for how you scroll content with an iPhone or the amount of image processors in a single Kodak camera. Obviously the patent can be for the bit of hardware, the circuit or perhaps the code written. But, if a person else has the capacity to produce similar or better output making use of their own code, hardware or circuits, that does not make them prone to pay for the other company.
The law firms, not understanding any nuances of technologies, blindly approves patents and creates a ground for patent wars.
Its not surprising to sees the world’s largest and oldest manufacturer Nokia, fighting with new niche premium mobile manufacturer Apple over the patent wars. Nokia sued Apple over use of signalling techniques, Apple fired back over the utilization of scrollbars and Nokia again filed a brand new lawsuit against Apple’s iPad. The war similar to the situation when Kodak sued Apple and Apple countersued Kodak.
This war is for patents, but, it is really not as these companies are hindering innovation or were unable to recover their research and development charges due to the other’s patent infringement. This war is completely based on greed, the greed top earn more and eat each other’s profit share. Finally, the two will do an away from court agreement, something similar to, you scratch my back and I’ll scratch yours.
Maybe American companies may also study from these MNCs and start building a pile of patents. This way the big telecoms can just relax and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed How To Get An Idea Made Into A Prototype With Inventhelp for caller tunes or missed call alert service, Airtel would have crossed each of their barriers when it comes to growth and had been world’s largest telecom company. On the similar lines, if Infosys had patented its global delivery model, it could have easily axed the competing firms along with ruled the offshore IT business. No matter how ridiculously stupid the above mentioned ideas appear to be, the united states patent history is full of such applications and many of them are accepted also.
So, when we knew day 1 day we could not manufacture even board games without having to pay royalties, we might have patented a dice, that has been used and discussed in India since the times during Mahabharata.
What’s urgently required is formation of the good panel which does a complete investigation before approving patent and constantly reviews any approved patent. In the event the company filing the patent, don’t use it within next 3-five-years, the patent becomes null and void, if patent seems irrelevant after 3-5 years then it should be discarded. The same should be carried out just in case in which the company filing patent has recovered all research and development expenses related to patent and all past unsuccessful trials and it has already made handsome profits with the exact same. In the event the patent filing company keeps licensing their patents with other companies, the patent should expire much earlier than the 20 year span. Even though one of the above rules are materialized, the patent market is going to be a lot more regulated and tznwus won’t be such high exploitation in the Inventhelp Vibe.
So, when RiceTec applied a patent for Basmati rice, the initial question could have been that why they would like to utilize the word Basmati, the premium American and Pakistani rice breed, which can be most widely used and expensive. Another research might have revealed that their genetic breed has qualities of extra long length, width and fragrance that are all linked to the traditional Basmati breed harvested near Himalayas. After such findings, they might have been interrogated on the utilization of brands ‘Texmati’ and ‘Kasmati’ (name sounding comparable to Basmati) labeled to deceive buyers. After the entire case was developed, the business should have been compelled to stop selling any breed of rice altogether.
But, no above action points is ever going to be taken in a land where any corrupt company can lobby the government ruling the land and force those to add new injunctions in law or amend the law within their favor.