A patent is a set of exclusive rights granted to the innovator to guard his interests for the next 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 guarantee the innovator gets monitory and first mover benefits for his research and development, to ensure individuals 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 provides degraded to your level where a company can just discuss out extra features and file Invention Companies for the very same. The end result is many companies earning millions and millions not since they manufacture such quality products, just because they were the first to think about a concept. 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 usage of lots of old patents (using their licensing fees) and development of two dozen more patents. A patent is not supposed to be for how you will scroll content with an iPhone or the number of image processors within a single Kodak camera. Of course the patent may be for that bit of hardware, the circuit or even the code written. But, if a person 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 produces 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 utilization 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 not as 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 totally based on greed, the greed top earn more and eat each other’s profit share. Finally, the 2 can do an out of court agreement, something similar to, you scratch my back and I’ll scratch yours.
Maybe American companies could also learn from these MNCs and commence creating a pile of patents. This way the big telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Inventhelp Intromark for caller tunes or missed call alert service, Airtel could have crossed each of their barriers with regards to growth and had 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 aforementioned ideas sound like, the US patent history is filled with such applications and most of them are accepted also.
So, whenever we knew the first day day we are able to not manufacture even board games without having to pay royalties, we might have patented a dice, that has been used and discussed in India considering that the times during the Mahabharata.
What’s urgently required is formation of a good panel which does a complete 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 3-5 years then it should be discarded. Exactly the same should be carried out in the event in which the company filing patent has recovered all research and development expenses associated with patent and all of past unsuccessful trials and it has already made handsome profits with the exact same. If the patent filing company keeps licensing their patents to many other companies, the patent should expire much sooner than the 20 year span. Even if one of the above rules are materialized, the patent market will be a lot more regulated and tznwus won’t be such high exploitation in the Review For Inventhelp.
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, which can be most widely used and dear. A further 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 might have been interrogated on the use of brands ‘Texmati’ and ‘Kasmati’ (name sounding comparable to Basmati) labeled to deceive buyers. Once the entire case was created, the organization must have been forced to stop selling any type of rice altogether.
But, none of the above action points will ever be used 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 what the law states inside their favor.