A patent is a set of exclusive rights granted to the innovator to guard his interests for the next 20 years or so, when no one can copy the item or has to pay royalties to do so. The whole framework behind this was to guarantee the innovator gets monitory and first mover benefits for his research and development, to make sure folks have incentives to do more research and new 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 development, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to some level when a company can just discuss out extra features and file Product Idea for the similar. The result is most companies earning millions and millions not since they manufacture such quality products, just because these people were the first one to consider an idea. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. One particular new product brings about usage of a large number of old patents (with their licensing fees) and creation of two dozen more patents. A patent will not be meant to be for how you will scroll content on an iPhone or the amount of image processors in a single Kodak camera. Of course the patent may be for the bit of hardware, the circuit or perhaps the code written. But, if someone else will be able to produce similar or better output using their own code, hardware or circuits, that fails to make sure they are prone to pay for the other company.
Legal requirements firms, not understanding any nuances of technologies, blindly approves patents and creates a ground for patent wars.
Its no surprise 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 utilization of signalling techniques, Apple fired back over the utilization of scrollbars and Nokia again filed a new lawsuit against Apple’s iPad. The war similar to the situation when Kodak sued Apple and Apple countersued Kodak.
This war is made for patents, but, it is not as these companies are hindering innovation or were struggling to recover their research and development charges because of the other’s patent infringement. This war is completely according to greed, the greed top earn more and eat each other’s profit share. Finally, the two is going to do an out of court agreement, something comparable to, you scratch my back and I’ll scratch yours.
Maybe American companies could also study from these MNCs and start creating a pile of patents. Like that the big telecoms can just sit back and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Ideas Inventions for caller tunes or missed call alert service, Airtel might have crossed all of their barriers with regards 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 seem like, the usa patent history is full of such applications and the majority of them are accepted as well.
So, whenever we knew day 1 day we could not manufacture even board games without having to pay royalties, we could have patented a dice, which has been used and discussed in India since the times of Mahabharata.
What’s urgently required is formation of a good panel which does a thorough investigation before approving patent and constantly reviews any approved patent. If the company filing the patent, don’t apply it within next 3-5 years, the patent becomes null and void, if patent seems irrelevant after 3-five years then it ought to be discarded. The identical should be carried out just in case where the company filing patent has recovered all research and development expenses associated with patent and all of past unsuccessful trials and it has already made handsome profits with similar. If the patent filing company keeps licensing their patents with other companies, the patent should expire much earlier than the 20 year span. Even though among the above rules are materialized, the patent market will be a lot more regulated and tznwus won’t be such high exploitation from the Inventhelp Store Products.
So, when RiceTec applied a patent for Basmati rice, the first question would have been that why they would like to use the word Basmati, the premium American and Pakistani rice breed, which is most widely used and expensive. A further research could have revealed that their genetic breed has qualities of extra long length, width and fragrance that are all related to the traditional Basmati breed harvested near Himalayas. After such findings, they would have been interrogated on the utilization of brands ‘Texmati’ and ‘Kasmati’ (name sounding similar to Basmati) labeled to deceive buyers. Once the entire case was created, the organization must have been forced to stop selling any breed of rice altogether.
But, no above action points will ever be used in a land where any corrupt company can lobby the federal government ruling the land and force these to add new injunctions in law or amend the law in their favor.