It has been lately observed that some of the so called innovators knowingly or unknowingly have tried to claim credit for products whose concepts have already been patented. This practice should be strictly discouraged as it is unethical, amounting to infringement of patents and stymies creativity.
Leaving aside the unscrupulous elements who deliberately take this path, the remaining innovators constitute mostly of those who are not aware of the concept of patents and this is not surprising, considering the fact that the level of IP awareness is still low in India. These people should be made to realize the fact that mere absence of a product in the market does not imply that the idea had not been conceived before or the “proof-of-concept” did not exist before. The reason for absence of the product could have been that at that time, the market was not ready for such a product or the manufacturing (technical / cost) of the product did not allow commercialization to be a profitable exercise.
So while the innovators cannot claim for novelty in their ideas, they should be given due credit for converting these ideas into products which can be made available at an affordable price. In fact, that is what innovation is all about and is the need of the hour as many good ideas die in the “Valley-of-Death” while being taken from lab to market.
Leaving aside the unscrupulous elements who deliberately take this path, the remaining innovators constitute mostly of those who are not aware of the concept of patents and this is not surprising, considering the fact that the level of IP awareness is still low in India. These people should be made to realize the fact that mere absence of a product in the market does not imply that the idea had not been conceived before or the “proof-of-concept” did not exist before. The reason for absence of the product could have been that at that time, the market was not ready for such a product or the manufacturing (technical / cost) of the product did not allow commercialization to be a profitable exercise.
So while the innovators cannot claim for novelty in their ideas, they should be given due credit for converting these ideas into products which can be made available at an affordable price. In fact, that is what innovation is all about and is the need of the hour as many good ideas die in the “Valley-of-Death” while being taken from lab to market.
The government, while providing financial or technical support for commercialization of patents, should also introduce schemes to encourage innovators develop products on the basis of concepts picked up from expired patents or patents which have not been filed in India as this would give one the “Freedom-to-Operate” without the fear of patent infringement in India but of course, with due acknowledgement.
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