A patent is a set of exclusive rights granted to the innovator to guard his interests for the following two decades 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 be sure the innovator gets monitory and first mover advantages for his research and development, to make sure 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 development, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to some level where a company can just discuss out extra features and file Ideas For Inventions for the same. The result is many companies earning millions and millions not because they manufacture such quality products, because they were the first one to think about an idea. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. Just one new product leads to use of lots of old patents (making use of their licensing fees) and introduction of two dozen more patents. A patent will not be said to be for the way you scroll content with an iPhone or the quantity of image processors within a single Kodak camera. Obviously the patent may be for the part of hardware, the circuit or even the code written. But, if someone else is able to produce similar or better output making use of their own code, hardware or circuits, that does not make sure they are prone to pay 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 no surprise 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 usage of signalling techniques, Apple fired back over the utilization of scrollbars and Nokia again filed a 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 because these companies are hindering innovation or were not able to recover their research and development charges because of 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 two is going to do an away from court agreement, something comparable to, you scratch my back and I’ll scratch yours.
Maybe American companies may also study from these MNCs and commence creating a pile of patents. That way the larger telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Inventhelp for caller tunes or missed call alert service, Airtel could have crossed all their barriers in terms of 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 of how ridiculously stupid the above mentioned ideas appear to be, the usa patent history is full of such applications and the majority of them are accepted too.
So, when we knew day one day we are able to not manufacture even board games without paying royalties, we could have patented a dice, which has been used and discussed in India since the times during 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 utilize 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 done in the event 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 many other companies, the patent should expire much earlier than the 20 year span. Even if one of many above rules are materialized, the patent market is going to be much more regulated and tznwus won’t be such high exploitation of the Inventhelp Reviews.
So, when RiceTec applied a patent for Basmati rice, the initial question could have been that why they would like to use the word Basmati, the premium American and Pakistani rice breed, which can be most favored and dear. An additional research could have said 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 could have been interrogated on the use of brands ‘Texmati’ and ‘Kasmati’ (name sounding similar to Basmati) labeled to deceive buyers. Once the entire case was developed, the organization needs to have been compelled to stop selling any breed of rice altogether.
But, none of the above action points will ever be taken in a land where any corrupt company can lobby the us government ruling the land and force these to add new injunctions in law or amend legal requirements within their favor.