A patent is a set of exclusive rights granted to the innovator to safeguard his interests for the upcoming twenty years or so, when nobody else can copy the item or has to pay royalties to do so. The complete 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 used to hinder the growth, create monopolies, used to backfire/compress or terminate competitors and as a medium to earn riches.
But, it provides degraded to some level in which a company can just discuss out additional features and file Inventhelp Invention Ideas for the similar. The end result is most companies earning millions and millions not because they manufacture such quality products, simply 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. A single cool product leads to utilization of dozens of old patents (using their licensing fees) and introduction of two dozen more patents. A patent will not be supposed to be for how you scroll content on an iPhone or the amount of image processors in a single Kodak camera. Obviously the patent could be for that part 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 does not get them to prone 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 no surprise 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 usage of scrollbars and Nokia again filed a whole new lawsuit against Apple’s iPad. The war like the situation when Kodak sued Apple and Apple countersued Kodak.
This war is perfect for patents, but, it is far from since these companies are hindering innovation or were not able 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 two can do an away from 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. Like that the larger telecoms can just unwind and earn royalties. Poor Bharti Airtel, if Mr. Sunil Mittal had filed How To Get A Prototype Made With Inventhelp for caller tunes or missed call alert service, Airtel could have crossed each of their barriers when it comes 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 of how ridiculously stupid the above mentioned ideas sound like, the united states patent history is filled with such applications and most of them are accepted also.
So, if we knew day one 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 the good panel which does a thorough investigation before approving patent and constantly reviews any approved patent. In the event the company filing the patent, don’t use it within next 3-five years, the patent becomes null and void, if patent seems irrelevant after 3-five-years then it needs to be discarded. The same ought to be done just in case where the company filing patent has recovered all research and development expenses associated with patent and all past unsuccessful trials and it has already made handsome profits with the same. In the event the patent filing company keeps licensing their patents to other companies, the patent should expire much sooner than the 20 year span. Even if among the above rules are materialized, the patent market will be a lot more regulated and tznwus won’t be such high exploitation from the Inventhelp New Products.
So, when RiceTec applied a patent for Basmati rice, the first question might have been that why they want to use the word Basmati, the premium American and Pakistani rice breed, that is most widely used and dear. A further research might have stated 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 would have been interrogated on the use of brands ‘Texmati’ and ‘Kasmati’ (name sounding much like Basmati) labeled to deceive buyers. Once the entire case was created, the company must have been forced to stop selling any breed of rice altogether.
But, no above action points will ever be used in a land where any corrupt company can lobby the us government ruling the land and force them to add new injunctions in law or amend what the law states within their favor.