A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the next 20 years or so, when no one else 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 advantages for his research and development, to ensure people 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 expansion, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it offers degraded to a level where a company can just discuss out new features and file Inventhelp Locations for the very same. The end result is a lot of companies earning millions and millions not since they manufacture such quality products, just because they were the first to think of 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 utilization of dozens of old patents (making use of their licensing fees) and creation of two dozen more patents. A patent is not supposed to be for how you will scroll content upon an iPhone or the amount of image processors within a single Kodak camera. Of course the patent may be for the piece of hardware, the circuit or even the code written. But, if a person else is able to produce similar or better output making use of their own code, hardware or circuits, that fails to make sure they are liable 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 no surprise to sees the world’s largest and oldest manufacturer Nokia, fighting with new niche premium mobile manufacturer Apple on the patent wars. Nokia sued Apple over use 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 for patents, but, it is not because 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 based on greed, the greed top earn more and eat each other’s profit share. Finally, the two can do an from court agreement, something much like, you scratch my back and I’ll scratch yours.
Maybe American companies may also gain knowledge from these MNCs and begin constructing a pile of patents. That way the large telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed I Have An Invention Where Do I Start for caller tunes or missed call alert service, Airtel could have crossed all 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 might have easily axed the competing firms along with ruled the offshore IT business. No matter how ridiculously stupid the above ideas sound like, the united states patent history is loaded with such applications and most of them are accepted also.
So, whenever we knew day one day we can not manufacture even board games without having to pay royalties, we might have patented a dice, which was used and discussed in India considering that the times during Mahabharata.
What’s urgently required is formation of a good panel which does a comprehensive 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-five-years then it ought to be discarded. The same should be done just in case where company filing patent has recovered all research and development expenses associated with patent and all sorts of past unsuccessful trials and contains 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 earlier than the 20 year span. Even when one of many above rules are materialized, the patent market will likely be far more regulated and tznwus won’t be such high exploitation from the Technology.
So, when RiceTec applied a patent for Basmati rice, the initial question would have been that why they wish to make use of the word Basmati, the premium American and Pakistani rice breed, that is most favored and expensive. An additional research could have stated 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 could have been interrogated on the utilization of brands ‘Texmati’ and ‘Kasmati’ (name sounding much like Basmati) labeled to deceive buyers. When the entire case was created, the organization must have been forced to stop selling any type 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 federal government ruling the land and force them to add new injunctions in law or amend what the law states within their favor.