A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the following 20 years or so, when nobody else can copy the product or has to pay royalties to do so. The whole framework behind this was to guarantee the innovator gets monitory and first mover benefits for his research and development, to ensure 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 offers degraded to a level when a company can just discuss out additional features and file Brainstorming Invention Ideas for the similar. The effect is many companies earning millions and millions not since they manufacture such quality products, simply because these were the first one 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. One particular cool product results in use of dozens of old patents (using their licensing fees) and development of two dozen more patents. A patent is not really supposed to be for the way you scroll content on an iPhone or the quantity of image processors within a single Kodak camera. Needless to say the patent may be for your part of hardware, the circuit or perhaps the code written. But, if somebody else is able to produce similar or better output making use of their own code, hardware or circuits, that will not get them to prone to pay for the other company.
Legal requirements firms, not understanding any nuances of technologies, blindly approves patents and creates a ground for patent wars.
Its unsurprising 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 new lawsuit against Apple’s iPad. The war just like the situation when Kodak sued Apple and Apple countersued Kodak.
This war is made for patents, but, it is far from as these companies are hindering innovation or were unable to recover their research and development charges due to the other’s patent infringement. This war is entirely according to 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 could also learn from these MNCs and start 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 Patent My Idea 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 could have easily axed the competing firms and had ruled the offshore IT business. Regardless how ridiculously stupid the above ideas seem like, the US patent history is filled with such applications and the majority of them are accepted as well.
So, if we knew the first day 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 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. If the company filing the patent, don’t use it within next 3-five years, the patent becomes null and void, if patent seems irrelevant after 3-five years then it needs to be discarded. Exactly the same should be carried out just in case in which 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 similar. If 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 the above rules are materialized, the patent market will be much more regulated and tznwus won’t be such high exploitation of the Inventhelp Intromark.
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 widely used and expensive. Another research would have said that their genetic breed has qualities of extra long length, width and fragrance which are all linked to the traditional Basmati breed harvested near Himalayas. After such findings, they might 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 organization should have been compelled to stop selling any type of rice altogether.
But, none of the above action points will ever be utilized in a land where any corrupt company can lobby the federal government ruling the land and force those to add new injunctions in law or amend legal requirements within their favor.