Something interesting.
Assume that I got hold of, subsequently validated and going to shortly manufacture something for which a patent was filed by the first producer already [ Incidentally, i know them as customers and i actually know the main author of the application personally i speak to him once a month]
It is like a formulation technique, special ingredient kind of thing really. Like making a standard end product X - which is like specially formulated to give desired effects using so and so technique, so and so special ingredients etc. - all details beautifully written down in the patent application.
Crudely put - im just making a copy of what the guys already done - and do what we Indians do best (as my pakistani friends always say) - screw the inventor's price on cheaper costs, backward integration etc.
Those issues are secondary really - I am going to go with manufacturing it anyways - but i really am wondering about a few things:
a) Who the heck is going to know - just based on the end product - about what protocol went into making it ? Who can stop me from making it ? I certainly cant think of any customers who are regular buyers who'll care two hoots for who invented the process.
b) Isnt the guy actually better off not patenting the stuff (thereby keeping all the details quiet and secret in his own factory etc.) - especially if the end product is not something thats patented - its just like a formula to make, say, paint - you cant patent the paint - but when you file for it - you are patenting the technique of adding X additive etc. stuff, in my opinion should be kept quiet.
Isnt his act of actually filing for a patent - thereby attempting to protect his intellectual property - actually becoming like a counter productive act ?
I , as amongst, say, a handful of people worldwide who can benefit from this free bit of knowledge - seriously dont understand how this whole patenting thing really works - especially in this context - all companies in question are Indian - the patent was filed in the centralized EU/US format with the Patents office in Geneva.
Maybe its different in the US - i really dont know. But its a basic thing here - that im asking about really - isnt it ?
*Yawn* maybe i am not educated enough :)
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2 comments:
Interesting post (after a long time :P), but u had the answer all written at the end. Indian manufacture under a Eu patent law... Poondhu vizhayadu.. But make sure that when u buy the patent, the commision doesnt know that ur a manufacturer.... ;)
You dont understand.
Il explain again -
Assume - I am making a product X - by a patented techique Y - i dont care about repatenting it or paying royalty etc. - but im sure the product X is common enough (It is not patented per se) - so no one really knows if i am using process Y or not - so why on earth with this company actually apply for a patent on it ? when they have no way of nowing whos copying them and whos not copying them ?
I guess theres no simple answer - maybe il get sued by them if i sell to their existing customers - which i probably will in the next year :)
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