A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the following two decades or so, when no one can copy the item or has to pay royalties to do so. The whole framework behind this was to ensure the innovator gets monitory and first mover benefits for his research and development, to ensure folks 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 development, 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 extra features and file How To Patent Something With Inventhelp for the very same. The result is a lot of companies earning millions and millions not since they manufacture such quality products, because they were the first to think of a concept. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. Just one new product brings about utilization of a large number of old patents (with their licensing fees) and development of two dozen more patents. A patent will not be said to be for the way you scroll content with an iPhone or the amount of image processors within a single Kodak camera. Of course the patent can be for the part of hardware, the circuit or even the code written. But, if someone else has the capacity to produce similar or better output with their own code, hardware or circuits, that does 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 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 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 just like the situation when Kodak sued Apple and Apple countersued Kodak.
This war is for patents, but, it is far from since these companies are hindering innovation or were unable to recover their research and development charges because of the other’s patent infringement. This war is entirely 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 comparable to, you scratch my back and I’ll scratch yours.
Maybe American companies could also study from these MNCs and commence creating a pile of patents. That way the larger telecoms can just sit back and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Invention Ideas for caller tunes or missed call alert service, Airtel would 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 might have easily axed the competing firms along with ruled the offshore IT business. Regardless of how ridiculously stupid the above ideas sound like, the usa patent history is full of such applications and the majority of them are accepted too.
So, if we knew day 1 day we could 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. In the event the company filing the patent, don’t use 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 same ought to be done just in case in which the company filing patent has recovered all research and development expenses associated with patent and all of past unsuccessful trials and contains already made handsome profits with the exact same. When the patent filing company keeps licensing their patents with other companies, the patent should expire much sooner than the 20 year span. Even though among the above rules are materialized, the patent market will be far more regulated and tznwus won’t be such high exploitation in the Inventhelp Store.
So, when RiceTec applied a patent for Basmati rice, the first question could have been that why they wish to use the word Basmati, the premium American and Pakistani rice breed, which is most widely used and dear. A further research would have revealed that their genetic breed has qualities of extra long length, width and fragrance which can be all associated with 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 much like Basmati) labeled to deceive buyers. When the entire case was created, the company needs to have been forced to stop selling any type of rice altogether.
But, no above action points will ever be used in a land where any corrupt company can lobby the government ruling the land and force them to add new injunctions in law or amend the law within their favor.