A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the following two decades or so, when nobody else can copy the product or has to pay royalties to do so. The complete framework behind this was to guarantee the innovator gets monitory and first mover advantages 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 utilized to hinder the growth, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it has degraded to your level when a company can just discuss out additional features and file Patenting An Idea for the same. The end result is most companies earning millions and millions not because they manufacture such quality products, because these people were the first to think about an understanding. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. Just one new product results in use of a large number of old patents (using their licensing fees) and creation of two dozen more patents. A patent is not said to be for the way you scroll content with an iPhone or the number of image processors inside a single Kodak camera. Obviously the patent could be for the part of hardware, the circuit or perhaps the code written. But, if someone else has the capacity to produce similar or better output using their own code, hardware or circuits, that will not get them to liable to pay for the other company.
What the law states firms, not understanding any nuances of technologies, blindly approves patents and helps to create 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 usage of signalling techniques, Apple fired back over the usage 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 for patents, but, it is really not since these companies are hindering innovation or were struggling to recover their research and development charges due to the other’s patent infringement. This war is completely based upon greed, the greed top earn more and eat each other’s profit share. Finally, the 2 is going to do an out of 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 building a pile of patents. This way the larger telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Patent Ideas for caller tunes or missed call alert service, Airtel could have crossed all of their barriers when it comes to growth along with been world’s largest telecom company. On the similar lines, if Infosys had patented its global delivery model, it may have easily axed the competing firms along with ruled the offshore IT business. Regardless of how ridiculously stupid the above ideas appear to be, the usa patent history is filled with such applications and many of them are accepted too.
So, when we knew day 1 day we could not manufacture even board games without paying royalties, we might have patented a dice, that has been used and discussed in India since the times of Mahabharata.
What’s urgently required is formation of the good panel which does a comprehensive investigation before approving patent and constantly reviews any approved patent. In the event 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 should be discarded. The same ought to be done in the event where the company filing patent has recovered all research and development expenses associated with patent and all past unsuccessful trials and has already made handsome profits with the 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 when among the above rules are materialized, the patent market will likely be much more regulated and tznwus won’t be such high exploitation of the Inventhelp Patent Referral Services.
So, when RiceTec applied a patent for Basmati rice, the first question might have been that why they want to utilize the word Basmati, the premium American and Pakistani rice breed, that is most favored and expensive. An additional research would have said 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 use of brands ‘Texmati’ and ‘Kasmati’ (name sounding comparable to Basmati) labeled to deceive buyers. When the entire case was created, the organization needs to have been forced to stop selling any breed of rice altogether.
But, no above action points will ever be utilized 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 legal requirements in their favor.