Thursday, January 22, 2015

Discovery++: Regulated or Opened?

Innovation evolves with motivation or exigency. It is an investment and not philanthropy, well some make such assertions. But whatever,  it plays an important role and keeps the world ticking and progressing.

The legitimacy to prove first is to find that the originality is not a mere discovery or replication but a novel product. That is and how I define invention as  (Discovery+1) or Discovery++, one or many steps ahead of discovery. And how this is regulated and achieved? Through Patents. Kinda intangible assets, granted to an individual but with Restrictions.

However, distinct opinions would always surface, some may be critical by saying that It:
1. creates stifle in the competition;
2. is a commodity to maintain;
3. is an unwanted necessity or onus that has been imposed on them to remain in the market or competition.
4. an expensive affair.

It is true that the process is too long and endeavors should be forged to expedite the same. But it’s unfavorable to question the credibility of it.

Furthermore the rights conferred are not absolute. But there could be averments as at what reasonable cost? Well that should depend upon the Country’s Infrastructure, Per Capita Income, inhibited by how many people with lower incomes etc.. There would always be distinct opinions on Patents. But seems neither Patents are stifle in the competition nor they are onus to the society.

Though in some notable cases the issues were thoroughly debated for prolong as to whether Business Methods, Abstract Theories, Mathematical Calculations etc. are patentable or not. You ask 10 different Experts to interpret this with a substantial conclusion, all would have distinct subjective interpretation specially when it comes to Software.

Simply putting like this from a Layman's perspective:

Why Word a patentable product? Though MS lost the word Patent Appeal later for its Version. But why it is for some and it isn't for some. Supporting it and without unfolding it's ingredients, characteristics and process, when Word was created with the help of existing Keywords of some Programming Language and Dictionary along with the Technology as it made people to possibly modify, alter, append, remove, align, make additions, create several documents & layouts, copies of documents etc. to express the content of their speech and thoughts in hard copy which was not possible for human beings to either remember the exact sequence and flow of the words in their mind chronologically what they wanted to share or send or to transfer to others or to retrieve the same manually, electronically in the form of Documentation. Even if it would have been possible, it would have been too tedious for any human if they would have done it manually. Therefore, it was novel, not a mere discovery or amalgamation or addition to any existing product and should be a patentable product. But these Simple justifications could be Negated by more strong Elementary averments like given herein above in distinct locations and by different people.

OSS!! A good Perspective?? To many, Yes but with some Restrictions!

And further not a bygone case of Natco & Bayer about the generic drug Nexavar and its compulsory licence. Here too conclusions can be drawn from both the angles, from the investment point of view and from the perceptions of the patients who ultimately are the recipients in the end.

And who can forget the neoteric case of Toyota opening it's whopping 5600+ Patents in the open market, as what they claim, for a good hydrogen future. 

But are they Commodities but quite expensive to maintain? Depends upon its valuation and its performance at the commercial scale.

But to maintain a balance between development and fulfilling the needs of the republic, is an arduous venture to achieve anywhere.

Copyright ©  Pranav Chaturvedi 2015