A patent is a set of exclusive rights granted to the innovator to guard his interests for the upcoming 20 years 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 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 expansion, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it has degraded to a level when a company can just discuss out extra features and file Inventhelp Vibe for the very same. The end result is most companies earning millions and millions not because they manufacture such quality products, because these were the first to think about an understanding. Today’s MNCs don’t shy away in extracting exorbitant amount in royalty fees, licensing fees, court claims and settlements. One particular new product leads to utilization of dozens of old patents (using their licensing fees) and introduction of two dozen more patents. A patent is not supposed to be for the way you scroll content on an iPhone or the number of image processors in a single Kodak camera. Of course the patent may be for the part of hardware, the circuit or the code written. But, if someone else will be able to produce similar or better output with their own code, hardware or circuits, that does not make sure they are prone to pay the other company.
Legal requirements firms, not understanding any nuances of technologies, blindly approves patents and produces 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 on the patent wars. Nokia sued Apple over utilization of signalling techniques, Apple fired back over the utilization 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 for patents, but, it is not as these companies are hindering innovation or were struggling to recover their research and development charges because of 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 two can do an out of 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 large telecoms can just relax and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed How To Get An Idea Patented for caller tunes or missed call alert service, Airtel might have crossed all 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 might 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 united states patent history is loaded with such applications and most of them are accepted too.
So, if we knew the first day day we are able to not manufacture even board games without paying royalties, we might have patented a dice, which was used and discussed in India since 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 utilize it within next 3-5 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 in case where 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 the exact same. 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 the above rules are materialized, the patent market will be much more regulated and tznwus won’t be such high exploitation in the How To Register A Patent In The USA.
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 is most popular and expensive. A further research would have said that their genetic breed has qualities of extra long length, width and fragrance which can be 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 much like Basmati) labeled to deceive buyers. Once the entire case was developed, the organization should have been compelled to stop selling any breed of rice altogether.
But, none of the above action points is ever going to be taken in a land where any corrupt company can lobby the government ruling the land and force those to add new injunctions in law or amend legal requirements in their favor.