A patent is a set of exclusive rights granted to the innovator to guard his interests for the following 20 years or so, when no one can copy the item 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 make sure people 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 development, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to some level when a company can just discuss out additional features and file Inventhelp Invention Idea for the same. The effect is most companies earning millions and millions not simply because they manufacture such quality products, just because they were the first one to consider 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 results in utilization of a large number of old patents (making use of their licensing fees) and creation of two dozen more patents. A patent will not be supposed to be for how you scroll content on an iPhone or the quantity of image processors within a single Kodak camera. Obviously the patent may be for your part of hardware, the circuit or perhaps the code written. But, if someone else has the capacity to produce similar or better output using their own code, hardware or circuits, that will not make sure they are liable to pay for the other company.
The law 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 over the patent wars. Nokia sued Apple over usage 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 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 unable to recover their research and development charges as a result of other’s patent infringement. This war is entirely based upon greed, the greed top earn more and eat each other’s profit share. Finally, the 2 will do an from court agreement, something comparable to, you scratch my back and I’ll scratch yours.
Maybe American companies could also gain knowledge from these MNCs and begin constructing a pile of patents. That way the big telecoms can just sit back and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Ideas Inventions for caller tunes or missed call alert service, Airtel could have crossed all 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 may have easily axed the competing firms along with ruled the offshore IT business. Regardless how ridiculously stupid the above ideas appear to be, the US patent history is loaded with such applications and many of them are accepted too.
So, when we knew day one day we could not manufacture even board games without having to pay royalties, we could have patented a dice, which was used and discussed in India considering that the times during the Mahabharata.
What’s urgently required is formation of any good panel which does a comprehensive 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-five-years then it should be discarded. The same ought to be done just in case where company filing patent has recovered all research and development expenses related to 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 sooner than the 20 year span. Even if one of the above rules are materialized, the patent market will be far more regulated and tznwus won’t be such high exploitation from the Inventhelp Inventions.
So, when RiceTec applied a patent for Basmati rice, the initial question might have been that why they would like to make use of the word Basmati, the premium American and Pakistani rice breed, which can be most popular and expensive. An additional research would 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 could 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 created, the business must have been required to stop selling any type of rice altogether.
But, no 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 what the law states inside their favor.