A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the next 20 years or so, when no one can copy the product or has to pay royalties to do so. The entire framework behind this was to be sure the innovator gets monitory and first mover advantages 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 utilized to hinder the expansion, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to your level when a company can just discuss out extra features and file Invent Help Inventors for the same. The effect is a lot of companies earning millions and millions not since they manufacture such quality products, because they were the first to consider an idea. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. One particular cool product leads to usage of dozens of old patents (using their licensing fees) and creation of two dozen more patents. A patent is not said to be for how you scroll content upon an iPhone or the number of image processors inside a single Kodak camera. Obviously the patent may be for the bit of hardware, the circuit or even the code written. But, if somebody else is able to produce similar or better output with their own code, hardware or circuits, that will not make sure they are liable to pay the other company.
The law firms, not understanding any nuances of technologies, blindly approves patents and creates 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 within the patent wars. Nokia sued Apple over utilization of signalling techniques, Apple fired back over the usage of scrollbars and Nokia again filed a brand 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 really not because these companies are hindering innovation or were not able to recover their research and development charges as a result of 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 will do an away from court agreement, something much like, you scratch my back and I’ll scratch yours.
Maybe American companies could also study from these MNCs and begin building a pile of patents. That way the large telecoms can just relax and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Mom Inventors for caller tunes or missed call alert service, Airtel might have crossed each of 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 may have easily axed the competing firms and had ruled the offshore IT business. Regardless 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 are able to not manufacture even board games without having to pay royalties, we might have patented a dice, which was used and discussed in India because the times of 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. When 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 should be done in case where company filing patent has recovered all research and development expenses related to patent and all past unsuccessful trials and it has 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 if one of the above rules are materialized, the patent market is going to be a lot more regulated and tznwus won’t be such high exploitation in the Invention Help Companies.
So, when RiceTec applied a patent for Basmati rice, the initial question could have been that why they would like to make use of the word Basmati, the premium American and Pakistani rice breed, that is most favored and dear. An additional research might have revealed that their genetic breed has qualities of extra long length, width and fragrance which are all related to the traditional Basmati breed harvested near Himalayas. After such findings, they could have been interrogated on the utilization of brands ‘Texmati’ and ‘Kasmati’ (name sounding much like Basmati) labeled to deceive buyers. After the entire case was created, the business must have been compelled to stop selling any type of rice altogether.
But, none of the above action points is ever going to be utilized 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 the law inside their favor.