A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the following twenty years or so, when no one else can copy the product or has to pay royalties to do so. The entire framework behind this was to be sure the innovator gets monitory and first mover benefits for his research and development, to make sure people 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 expansion, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it offers degraded to some level where a company can just discuss out new features and file Inventhelp Number for the very same. The end result is many companies earning millions and millions not because they manufacture such quality products, simply because these people were the first to think about an idea. 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 usage of a large number of old patents (with their licensing fees) and creation of two dozen more patents. A patent is not supposed to be for the way you scroll content on an iPhone or the quantity of image processors within a single Kodak camera. Of course the patent may be for that part of hardware, the circuit or the code written. But, if a person else has the capacity to produce similar or better output with their own code, hardware or circuits, that will not get them to prone to spend the money for other company.
The law firms, not understanding any nuances of technologies, blindly approves patents and produces 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 whole 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 far from because these companies are hindering innovation or were not able to recover their research and development charges as a result of other’s patent infringement. This war is totally based on greed, the greed top earn more and eat each other’s profit share. Finally, the two will do an out of court agreement, something much like, you scratch my back and I’ll scratch yours.
Maybe American companies may also learn from these MNCs and begin creating a pile of patents. That way the large telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Invent Help Patent Information 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. Regardless how ridiculously stupid the aforementioned ideas sound like, the united states patent history is filled with such applications and the majority of them are accepted also.
So, when we knew the first day day we could not manufacture even board games without paying royalties, we might have patented a dice, which has been used and discussed in India considering that the times during the Mahabharata.
What’s urgently required is formation of the 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 should be discarded. The same should be carried out in case where company filing patent has recovered all research and development expenses associated with patent and all sorts of past unsuccessful trials and it has already made handsome profits with the exact same. When the patent filing company keeps licensing their patents to other companies, the patent should expire much sooner than the 20 year span. Even when one of many above rules are materialized, the patent market will be a lot more regulated and tznwus won’t be such high exploitation from the Invention Patent.
So, when RiceTec applied a patent for Basmati rice, the initial question would have been that why they would like to use the word Basmati, the premium American and Pakistani rice breed, that is most favored and dear. A further research would have stated 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 usage of brands ‘Texmati’ and ‘Kasmati’ (name sounding similar to Basmati) labeled to deceive buyers. When the entire case was made, the company should have been compelled to stop selling any type of rice altogether.
But, not one of the above action points is ever going to be used in a land where any corrupt company can lobby the us government ruling the land and force them to add new injunctions in law or amend the law within their favor.