Goodwill and originality are two essential determinants for a business to grow consistently. Being blamed of infringement is a detrimental remark for a business growth. However, it is seldom taken as a serious concern during the launch of a product or start of a new business. Sometimes, it becomes lethal for an entire organization and consequently the normal proliferation of the business is refrained.
We are living in such a techno-savvy era where a technology survives just 3-4 years before being taken over by advanced versions. But, it is noteworthy that this life-span is enough to fulfill the business expectations if the same is fully utilized without any legal hindrance. A new technology is always an outcome of 2-3 years of R&D, huge financial investment and excellence of human intellect. An innovation always run parallel to the risk of failure and it ultimately dies with the introduction of new and advanced technologies.
An IP right does not guarantee business execution right. IP right is entirely different from the Business right. Ironically, it is always taken as synonym rather than complimentary. The fact can be adjudged by analyzing the trend of marketability of patented products. Statistics indicate thatmore than 95% patents fail to reach market and die at early stage of their life cycle. Some die due to poor drafting and lack of inventiveness, some die during the prosecution
stage, some die during the commercialization stage, some die before onset of exploitation, some die due to legal battles, and some die due to sudden technology drift.