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 else can copy the product or has to pay royalties to do so. The entire framework behind this was to guarantee the innovator gets monitory and first mover benefits for his research and development, to make certain individuals 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 used to hinder the growth, create monopolies, utilized to backfire/compress or terminate competitors and as a medium to earn riches.
But, it has degraded to your level in which a company can just discuss out extra features and file Inventhelp Caveman Commercials for the same. The end result is most companies earning millions and millions not simply because they manufacture such quality products, because these were the first one to consider a concept. 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 (making use of their licensing fees) and development of two dozen more patents. A patent is not supposed to be for how you scroll content with an iPhone or the quantity of image processors within a single Kodak camera. Needless to say the patent can be for that piece of hardware, the circuit or perhaps the code written. But, if somebody else is able to produce similar or better output using their own code, hardware or circuits, that will not make them prone to pay for 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 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 use 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 like the situation when Kodak sued Apple and Apple countersued Kodak.
This war is made for patents, but, it is far from since 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 entirely based upon greed, the greed top earn more and eat each other’s profit share. Finally, both can do an away from court agreement, something similar to, you scratch my back and I’ll scratch yours.
Maybe American companies may also study from these MNCs and start creating a pile of patents. This way the larger telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed Inventhelp Review for caller tunes or missed call alert service, Airtel could have crossed all of their barriers with regards to 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 along with ruled the offshore IT business. Regardless of how ridiculously stupid the aforementioned ideas sound like, the usa patent history is filled with such applications and many of them are accepted too.
So, when we knew day one day we can 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 of Mahabharata.
What’s urgently required is formation of the 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-five years then it ought to be discarded. The identical ought to be done in case where company filing patent has recovered all research and development expenses related to patent and all sorts of past unsuccessful trials and it has already made handsome profits with the exact same. When the patent filing company keeps licensing their patents to many other companies, the patent should expire much sooner than the 20 year span. Even though one of many above rules are materialized, the patent market will be a lot more regulated and tznwus won’t be such high exploitation from the Inventors Helpline.
So, when RiceTec applied a patent for Basmati rice, the initial question might have been that why they would like to utilize the word Basmati, the premium American and Pakistani rice breed, which is 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 related 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 similar to Basmati) labeled to deceive buyers. After the entire case was created, the company must have been compelled to stop selling any breed of rice altogether.
But, no above action points is ever going to be used in a land where any corrupt company can lobby the federal government ruling the land and force these to add new injunctions in law or amend legal requirements within their favor.