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Patent Reform Starting in India

A

Arthur Hanson

Well-known member
How India's Patent Office Destroyed Gilead's Global Game Plan - Businessweek

India is ahead of the game on this issue. I'm a fan of intellectual property rights, but only those that meet the rule of not being obvious to PROFESSIONALS IN THE FIELD and not the first to the patent office, but the first to invent with solid independent documentation. Steve Jobs trying to patent rounded corners on electronic devices should have been denied as it was and fined for an obvious waste of time and trying to be predatory in trying to patent general knowledge. We need a clean, honest and fair patent system on an international basis for the benefit of all. Even China is starting to realize as they develop more home grown technology, that you have to have IP protection if you want people/companies to take the time, effort and resources to have an active technology sector and not just low end manufacturing. India is taking a step, maybe not the right one, but a step towards bringing the issue of bogus patents of obvious knowledge to the table. If patents of obvious knowledge are allowed, progress will slow down dramatically and convert the IP game to a casino game and not a tool of real progress. SemiWiki forums is the ideal place to start a discussion and put different options and view points out there. Comments, thoughts and ideas needed to bring this issue to the table by the people and companies involved. This is an ideal purpose for the online community of SemiWiki.
 
Arthur, a very valid point raised. Yes, patents should protect a person or company's interest in terms of the independent and non-obvious work they have put into making something work, and reap benefits for a while till others are able to catch up. This is certainly important to encourage innovation rather than blatant copying that is sadly popular in many parts of the world.

Unfortunately, while India's patents office does try to protect the consumer's interests in the biomedical field, it is notorious for granting frivolous patents in other fields. So, take this news with a pinch of salt. It is the courts in India that have guided the patents office to be very selective about patents having implications in the healthcare field, but the same can not be said in other industries, for example, electronics hardware design.
 
All patent processes have numerous problems and have as much do with playing the game as much as protecting truly non obvious intellectual property. The patent process needs to be worked out at the international level for all cultures and countries have different views and customs when it comes to the handling of intellectual property. Views and laws on the one size fits all patent needs reform in itself for what is patentable and the term of the patent.
 
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