A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the following 20 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 ensure the innovator gets monitory and first mover benefits for his research and development, to make certain individuals 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 utilized to hinder the growth, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to a level where a company can just discuss out extra features and file How To Patent An Idea With Invent Help for the similar. The effect is a lot of companies earning millions and millions not simply because they manufacture such quality products, just because these people were the first one to think about a concept. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. A single new product brings about usage of lots 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 upon an iPhone or the amount of image processors inside a single Kodak camera. Of course the patent could be for the bit of hardware, the circuit or perhaps the code written. But, if someone else has the capacity to produce similar or better output making use of their own code, hardware or circuits, that fails to make sure they are 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 within the patent wars. Nokia sued Apple over use 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 like the situation when Kodak sued Apple and Apple countersued Kodak.
This war is perfect for patents, but, it is far from 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 2 can do an away from court agreement, something comparable to, you scratch my back and I’ll scratch yours.
Maybe American companies may also gain knowledge from these MNCs and commence constructing a pile of patents. This way the larger telecoms can just relax and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Inventhelp Caveman for caller tunes or missed call alert service, Airtel might have crossed each of their barriers in terms of 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 and had ruled the offshore IT business. Regardless of how ridiculously stupid the above mentioned ideas sound like, the usa patent history is full of such applications and the majority of them are accepted too.
So, when we knew day 1 day we are able to not manufacture even board games without paying royalties, we could have patented a dice, which was used and discussed in India since the times during the 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. When the company filing the patent, don’t apply it within next 3-five years, the patent becomes null and void, if patent seems irrelevant after 3-5 years then it needs to be discarded. The identical should be carried out in case where the company filing patent has recovered all research and development expenses related to patent and all of 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 to many other companies, the patent should expire much earlier than the 20 year span. Even though one of many above rules are materialized, the patent market is going to be far more regulated and tznwus won’t be such high exploitation of the Patent Attorney.
So, when RiceTec applied a patent for Basmati rice, the initial question might have been that why they wish to make use of the word Basmati, the premium American and Pakistani rice breed, which can be most widely used and expensive. An additional research would have said that their genetic breed has qualities of extra long length, width and fragrance which can be all related to the traditional Basmati breed harvested near Himalayas. After such findings, they might have been interrogated on the use of brands ‘Texmati’ and ‘Kasmati’ (name sounding much like Basmati) labeled to deceive buyers. After the entire case was created, the organization needs to have been required to stop selling any breed of rice altogether.
But, not one of the above action points will ever be taken in a land where any corrupt company can lobby the government ruling the land and force these to add new injunctions in law or amend the law in their favor.