Web auctions (Online Auctions), Features, Types, Challenges

Web Auctions are online platforms where goods and services are sold to the highest bidder over the internet. They provide a virtual marketplace where buyers compete in real-time by placing bids within a specified time frame. Common types include English auctions (ascending bids), Dutch auctions (descending bids), sealed-bid auctions, and reverse auctions where sellers compete to offer the lowest price. Web auctions increase market transparency, expand the customer base, and enable competitive pricing. They are used by businesses, individuals, and government agencies for procurement, surplus sales, or collectibles. Efficient payment systems and secure online platforms ensure trust and convenience, making web auctions a dynamic and widely used e-commerce tool.

Features of Web Auctions:

  • Real-Time Bidding

Web auctions enable real-time bidding, where participants place bids instantly during the auction period. This feature allows buyers to compete actively, driving prices up or down depending on the auction type. Real-time updates display current highest bids, ensuring transparency and fairness. It creates urgency among bidders, encouraging prompt decisions. Businesses and individual sellers can maximize revenue by leveraging competitive bidding. Real-time bidding also allows dynamic interaction among participants globally, increasing market reach. By simulating a live auction digitally, this feature enhances engagement, efficiency, and excitement in online transactions, making web auctions highly interactive and competitive.

  • Global Participation

Web auctions allow global participation, connecting buyers and sellers worldwide. Geography is no longer a barrier, enabling access to a larger audience. International bidders can join easily using online platforms, expanding competition and potential revenue. Sellers benefit from a broader market for products, including rare or niche items. Global participation also fosters cultural exchange and diversity in demand, influencing pricing and strategy. Payment gateways, language options, and shipping solutions support cross-border transactions. This feature enhances market transparency and liquidity, making web auctions an efficient tool for global trade, offering both buyers and sellers opportunities that traditional local auctions cannot provide.

  • Transparency

Web auctions offer high transparency, as all bids are visible to participants in real-time. Buyers can see the current highest bid, bid history, and auction rules, ensuring a fair competitive environment. Transparency reduces the risk of favoritism, fraud, or price manipulation. Sellers can track engagement and adjust strategies if necessary. Transparent processes build trust among participants, encouraging active participation. It also enables buyers to make informed decisions based on the auction’s progression. By clearly displaying rules, timings, and current bids, web auctions create a reliable and accountable system, enhancing credibility for both buyers and sellers in the online marketplace.

  • Time-Bound

Web auctions are time-bound, with a fixed start and end time for bidding. This feature creates urgency, motivating participants to place bids promptly. Limited-time auctions prevent indefinite negotiation, ensuring efficient completion of transactions. Sellers can plan inventory and schedule multiple auctions without delay. Time constraints also increase competitive behavior among bidders, often driving higher prices in ascending auctions or lower prices in reverse auctions. Notifications and countdown timers keep participants informed. By imposing a strict time limit, web auctions combine efficiency, excitement, and strategy, ensuring that both buyers and sellers operate within a structured and predictable schedule for successful transactions.

  • Multiple Auction Types

Web auctions support multiple auction types, such as English (ascending bids), Dutch (descending bids), sealed-bid, and reverse auctions. This flexibility allows sellers to choose a format best suited to their objectives, whether maximizing price, speeding up sales, or minimizing costs. Buyers can participate in different formats depending on preference or strategy. Each type encourages specific competitive behaviors, affecting bidding patterns and outcomes. Platforms often provide customization for duration, starting price, and bid increments. By offering multiple auction types, web auctions accommodate diverse markets and products, making them adaptable, efficient, and effective tools for online commerce across various industries.

  • Secure Transactions

Security is a critical feature of web auctions, ensuring safe and trustworthy transactions. Platforms use encryption, secure payment gateways, and authentication protocols to protect sensitive data, including payment details and personal information. Fraud prevention mechanisms, such as verification of participants and anti-bidding bots, maintain integrity. Secure transactions foster confidence among buyers and sellers, encouraging active participation. Dispute resolution systems, secure contracts, and refund policies further enhance trust. By prioritizing safety, web auctions minimize risks associated with online commerce, protect financial and personal information, and ensure that both parties can conduct transactions confidently and efficiently.

Types of Web Auctions:

  • English Auction (Ascending Bid Auction)

The English auction is the most common type of web auction, where bidding starts at a minimum price and participants place progressively higher bids. The auction continues until no higher bids are offered, and the highest bidder wins. This type encourages competitive bidding, often increasing the final price. It is widely used for art, collectibles, electronics, and rare items. Transparency is key, as all participants can see the current highest bid and bid history. English auctions stimulate active participation, urgency, and engagement. Sellers benefit from potentially higher revenues, while buyers enjoy real-time competition. The format is intuitive and suitable for both individuals and businesses.

  • Dutch Auction (Descending Bid Auction)

In a Dutch auction, the auctioneer starts with a high asking price, which gradually decreases until a participant accepts the current price. The first bidder to agree wins the item. This method is efficient for quickly selling goods, especially perishable or high-volume products. Dutch auctions reduce lengthy bidding wars and encourage strategic decision-making, as participants must decide the optimal moment to bid. It is commonly used in wholesale markets, commodities, and financial instruments. Buyers benefit from potentially lower prices if they time their bids well, while sellers can liquidate inventory efficiently. The descending format emphasizes speed, strategy, and efficiency in web auctions.

  • Sealed-Bid Auction

Sealed-bid auction requires participants to submit confidential bids without knowing competitors’ offers. After the submission deadline, the highest bid wins (in traditional auctions) or the lowest bid wins (in reverse auctions). This format ensures privacy and prevents bid manipulation or collusion. Sealed-bid auctions are often used for government contracts, real estate, or procurement processes. Buyers submit their best offer without feedback during the auction, while sellers evaluate bids objectively. This type encourages strategic thinking and fair competition, particularly in high-stakes transactions. It reduces influence from other bidders’ behavior, making it ideal for transactions requiring confidentiality, transparency, and structured evaluation.

  • Reverse Auction

In a reverse auction, the roles are reversed: sellers compete to offer the lowest price to a buyer who needs a product or service. Common in procurement, B2B transactions, and government tenders, reverse auctions help buyers minimize costs while ensuring competitive pricing. Sellers submit decreasing bids, and the auction ends when the lowest bid is accepted. This format encourages efficiency, cost savings, and transparency. Buyers benefit from competitive offers, while sellers gain access to targeted procurement opportunities. Digital platforms facilitate real-time bidding, secure transactions, and visibility. Reverse auctions are particularly useful for bulk orders, services, and contracts where price optimization is critical.

  • Penny Auction

Penny auction requires participants to pay a small fee to place each bid, typically increasing the price by a minimal amount (like one cent). The auction ends after a set time without new bids, and the highest bidder wins. Penny auctions are popular for electronics, gift cards, and collectibles. They combine gambling-like excitement with bidding, as multiple participants increase the auction revenue for the seller while competing for a low purchase price. While attractive for buyers seeking deals, the cost of multiple bids can add up. This type of auction emphasizes strategy, timing, and risk, appealing to users seeking thrill and savings.

  • Japanese Auction

Japanese auction is a variation where the price gradually rises, and participants indicate if they wish to continue at each price increment. Those who withdraw early forfeit the chance to win, leaving the last remaining participant as the winner. This method ensures a clear and progressive bidding process. It is often used for high-value or rare items, where transparency and fair competition are essential. Buyers must carefully assess their willingness to pay at each stage, while sellers benefit from predictable price progression. Japanese auctions encourage disciplined bidding, reduce last-minute bidding sniping, and maintain fairness in web auction environments.

Challenges of Web Auctions:

  • Security and Fraud

Web auctions face significant security risks, including hacking, phishing, and fraudulent bidding. Unscrupulous participants may use fake accounts or automated bots to manipulate bids, inflating prices or preventing fair competition. Sensitive data such as credit card information and personal details may be compromised if platforms lack encryption or secure payment gateways. Sellers risk financial loss and reputational damage, while buyers may face overpayment or fraud. Maintaining robust cybersecurity, user verification, and fraud detection systems is essential. Despite safeguards, security concerns remain a key challenge that can affect trust, participation rates, and the overall credibility of web auction platforms.

  • Lack of Physical Inspection

One major challenge in web auctions is the inability to physically inspect products before bidding. Buyers rely solely on images, descriptions, and reviews, which may not accurately represent the item’s condition or quality. This increases the risk of receiving damaged, counterfeit, or misrepresented goods. Sellers must provide detailed, accurate information and trustworthy visuals to maintain credibility. Disputes over product quality can result in returns, refunds, and loss of trust. The absence of tactile verification makes web auctions less suitable for certain items, like antiques, clothing, or fragile goods, where physical inspection is crucial to ensure buyer confidence.

  • Payment and Transaction Issues

Web auctions depend heavily on digital payments and online transactions, which can pose challenges. Payment failures, delayed processing, or incompatible payment systems may hinder smooth operations. Fraudulent payment methods, chargebacks, or disputes can create financial and administrative burdens. Buyers may hesitate to participate due to concerns over secure payment, while sellers risk non-payment or delayed receipt of funds. Integrating multiple secure payment gateways and ensuring timely, reliable processing is essential. Transaction issues can disrupt trust, reduce participation, and impact revenue. Efficient, transparent payment systems are critical to maintaining credibility and ensuring seamless completion of web auction transactions.

  • Technical Glitches

Web auctions face challenges from technical problems, including server crashes, website downtime, slow loading, or software errors. These issues can interrupt auctions, prevent bid submissions, or cause data loss, frustrating participants. High traffic during peak bidding periods may overload platforms if not properly managed. Technical glitches affect fairness, transparency, and trust, leading to decreased user engagement. Maintaining reliable infrastructure, continuous monitoring, and backup systems is crucial. Even minor glitches can influence auction outcomes and participant satisfaction. Ensuring smooth functionality requires investment in robust technology, scalable servers, and responsive technical support to handle issues promptly.

  • Legal and Regulatory Challenges

Web auctions must navigate legal and regulatory issues that vary across regions and countries. These include taxation, consumer protection, intellectual property rights, and compliance with online commerce laws. Failure to adhere to regulations may result in fines, legal disputes, or platform shutdowns. Cross-border auctions add complexity, as sellers and buyers must follow multiple jurisdictions’ rules. Platforms must implement clear terms, secure contracts, and transparent policies to protect all parties. Understanding and complying with evolving regulations is essential for sustainability. Legal uncertainty and non-compliance can hinder operations, reduce participation, and pose significant challenges to maintaining trust in web auction environments.

  • Intense Competition

Web auctions operate in a highly competitive environment, with numerous platforms and sellers offering similar products. Buyers can easily compare options and switch to competitors, reducing loyalty and margin for sellers. Price wars and aggressive bidding may lead to reduced profits or dissatisfied participants. Platforms must continuously innovate, provide reliable service, and offer unique value to attract users. Intense competition also pressures sellers to optimize inventory, marketing, and pricing strategies. Without differentiation, both buyers and sellers may abandon the platform. Maintaining competitiveness while ensuring fairness, trust, and engagement is a constant challenge for web auction operators.

White Labeling

White labeling is when a product or service removes their brand and logo from the end product and instead uses the branding requested by the purchaser.

For example, if you go to a grocery store such as Walmart, you’ll notice that you can buy all sorts of products that are sold under the Great Value brand. Does this mean that Walmart is producing all of those products? No way! They simply have various companies that already provide those products and are willing to put the product in Great Value packaging instead of their own on Walmart’s behalf.

So when you go to Walmart and pick up a Great Value product, take a look around. The brand that is providing the white labeled Great Value product could also have the product sitting on the same shelf in its own packaging at the higher price.

The vendor company develops a “plug-and-play” product for your business, for instance, a white label advertising platform that’s seamlessly tailored to suit your brand. Then, you have to “decorate” the product to match your corporate identity. With the help of White Label, you can add your company’s name, logo, icons, URLs, corporate emails, components of the text and some elements of the website to align them with your brand comfortably. After full customization, you will be ready to turn your white label sales right away, on your own conditions.

Businesses need White Label Solutions

Very few companies can afford own solution development from scratch. Using a ready-made software allows partners to launch their own brand based on existing technology, taking into account all the high standards and novelties of the industry.

All technical issues associated with white label platform development, as well as further support and maintenance, are entirely outsourced to the white label company. As a result, the brand receives the product which is made in accordance with technical requirements set before implementation.

In practice, the white label approach works well for businesses across different verticals and industries. Saving money, time, and technical platform management are not the only reasons why you might want to launch your own platform. White Label solution is often developed for the number of less obvious reasons:

  • The business intends to focus primarily on brand building or developing innovative customer serving strategies.
  • Production requires a special registration or licensing.
  • The company intends to deploy a unique solution which is better adjusted to the brand’s purposes, objectives, customer serving process, etc.
  • The brand wants to see particular technical features that cannot be found in any other platforms.
  • The brand wants to launch own white label business to save a share of media-buying costs typically spent on commissions paid to technology providers.
  • The brand wants to enter a new market and win the competition in the new segment and has a vision on how to capture their aim applying a unique piece of technology.
  • The company is very small or has only head stuff on a team. Still, it has the necessary funds to start a business asap.
  • The company doesn’t want to put quality at risk developing the new platform and simply acquires technology that their team tried and liked before.

Why brands use White Label solutions?

The white labeling definition is quite self-descriptive, think of it metaphorically: the white label company gives you the blank piece of paper where you can write whatever you want and start your own brand immediately.

Instead of reinventing the wheel, going through trial and errors, wasting precious time and money, brands choose a simpler option: the White Label Solution. These are the main benefits that you obtain launching WL products:

  1. It’s all under your brand’s control

The first and the most solid advantage is that you have your own freshly-baked brand that you can build on ready-made software. Unlike renown franchise scheme when you use someone else’s name, White Label allows you to create a unique product, launch your own capitalization service model, and start winning the digital advertising world with it as a business owner. There’s more to it, by rebranding a white label product as your own, you are reinforcing your trademark alongside with reputation.

  1. It’s quick and easy to deploy

White label solutions are ready-made, fully tailored solutions that make branding very simple. Through a partnership with a vendor, advertisers get to the market faster and provide customers with a solution immediately. Furthermore, such a solution is exceptional from the point of customization. In case it comes up to your mind, that this or that function might come handy in the programmatic platform, white label solution developers will always help to make that idea of your come true.  

  1. It’s cost and time-efficient

If you decide to build your own product from scratch, it may cost you time training existing employees or recruiting new in-house talents. Apart from designing, prototyping, and development stage, crucial time should be spent for bug and A/B testing, positioning and marketing promotion. By using an already-polished product from the white label service provider, you get a chance to save up budgets on research & development.

  1. It lets you do what you do best

Forced to do something that’s outside their competencies, the brands often achieve poor and unsustainable results. Enthusiasm is a good thing but in software development experience really matters more. White Label Solution is not a raw script that needs to be retouched or finalized with no guarantee that it will work in the end. A white-labeled platform is a ready-to-use platform that can generate income right away. It undergoes revisions, tests and if something goes wrong, your vendor takes full responsibility for fixing.

  1. Your customers will be grateful

Proved, With White Label Solution advertisers, can attract loyal customers and build stronger relations with consumers. Here’s why. You need to understand that your customers have needs and they’re searching for easy and straightforward ways to satisfy them. If they find these ways elsewhere, they won’t wait until you develop your own. The White Label Solution lets you dodge the ‘lost customers pit‘ by choosing prepackaged, immediate implementation options.

Advantages of Front Facing vs. Back-End White Label Solutions

  1. Fewer Layers

Have you ever been given the run around? You hear that the person has to ask another person, then that person has to ask another person to get your answer. You wait a few days for the answer to discover that they still don’t know. This is very bad for customer experience.

When providing a front-facing service, if the customer asks a technical question related to the marketing campaigns that we’re managing for them, then we’re already on the phone to answer for them right at that moment! Less waiting for our customers simply means better communication and ultimately better results as work is accomplished more quickly.

  1. Easily Scalable

It doesn’t matter if you have one client or 5,000 clients. With the front facing model, you’re able to scale this without bringing in middleman Account Executives to manage communication. The only thing you’ll have to worry about on a regular basis is billing the client!

  1. Better Customer Life Time Value (LTV)

Retention of a customer’s business is one of the most important Key Performance Indicators (KPIs) that we measure! We have constantly proven when we are front-facing with a client, we are able to retain their business a lot longer! Our average retention rate is measured in years, compared to the industry standard of only holding on to a client for months. As of the writing of this article, our average client sticks with us for three and a half years. Of course we have plenty of clients that are with us a lot longer and some clients that only stick for two months, but our high average is the key to our and your success.

  1. You Get to Focus on What You’re Good At

Whether you’re good at SEO and want us to take care of the other services, or you’re a traditional agency that needs a digital partner, or you’re simply a sales organization that wants a partner they can believe in, you get to focus on what you’re good at, and leave the day to day management of the services we’re providing on your behalf to us.

The Life Cycle of Insurance Products

Product Conception

Like other products and services, insurance product life-cycle management begins when a company comes up with an idea for a new life and annuity product and develops a concept for it. Companies determine the target market, using their store of data to anticipate customer needs and how the proposed product might fit those needs. Because the insurance market is so segmented, life and annuity products generally are tailored to specific ranges. A policy that emphasizes its ability to cover the cost of higher education, for example, would be conceived as being geared toward parents at the age when research shows they begin worrying about paying for those costs. The policies might be rolled out in test markets as a proof-of-concept exercise to show there’s enough potential in the idea to move forward.

Managing Growth

Once an insurance company determines that a new life or annuity policy is viable, it looks to develop sales via an aggressive marketing campaign and continued refinement of the product to meet demonstrated needs. By collecting the data from its existing customer base, it can determine the demand factors and target its marketing more efficiently. If it’s an affordable policy designed as an introduction to life insurance for college-aged students, a company might seek to market on campuses. If it’s an annuity with a similar strategy of introducing new customers to the market, a company also might target customers just under the usual age range for such products. As the target market becomes more familiar with the products, sales can be expected to rise.

Reaching Maturity

Insurance is a competitive business, and competitive advantages tend not to linger. As other agencies see a new product from a rival company is gaining traction, they can be expected to develop something similar to market to their own customers. This crowds the market and leads to both costs and innovative pressures. One agency might elect to offer introductory policies at a lower cost, while others may add elements to their offerings that are difficult for others to match. Growth slows or stops as more and more of the target market commits to a policy, and marketing strategies may become more focused on getting customers to switch providers rather than introducing them to the concept.

Decline Phase

As the market changes and the providers increase, the popularity of a policy will decline. As the initial group of customers ages out of the target market, insurance companies may find that the next group has different needs and expectations that require a new product to serve them. This serves as a signal for an agency to focus on changing the existing products to meet these needs or developing new offerings to better serve the market.

Client Management

Both life and annuity needs change over time, and an insurance agency must be conscious of remaining on top of the differing needs of its customers to ensure that their business relationship doesn’t end when the clients’ need for that particular policy does. A young couple with two young children, for example, has different life insurance needs than a couple pondering retirement whose children are grown. The former likely will be more concerned with the affordability and the amount of coverage, making sure that the family is protected if something happens to either part of the couple. The latter may instead be focused on tax advantages, ease of passing the money down to heirs or accessing some of the funds to help maintain their lifestyle.

Examples of Product Life Cycles

Many brands that were American icons have dwindled and died. Better management of product life cycles might have saved some of them, or perhaps their time had just come. Some examples:

Oldsmobile began producing cars in 1897 but the brand was killed off in 2004. Its gas-guzzling muscle-car image lost its appeal, General Motors decided.

Woolworth’s had a store in just about every small town and city in America until it shuttered its stores in 1997. It was the era of Walmart and other big-box stores.

Border’s bookstore chain closed down in 2011. It couldn’t survive the internet age.

To cite an established and still-thriving industry, television program distribution has related products in all stages of the product life cycle. As of 2019, flat-screen TVs are in the mature phase, programming-on-demand is in the growth stage, DVDs are in decline, and the videocassette is extinct.

Many of the most successful products on earth are suspended in the mature stage for as long as possible, undergoing minor updates and redesigns to keep them differentiated. Examples include Apple computers and iPhones, Ford’s best-selling trucks, and Starbucks’ coffee all of which undergo minor changes accompanied by marketing efforts—are designed to keep them feeling unique and special in the eyes of consumers.

Relevant Cost Analysis

Relevant costing attempts to determine the objective cost of a business decision. An objective measure of the cost of a business decision is the extent of cash outflows that shall result from its implementation. Relevant costing focuses on just that and ignores other costs which do not affect the future cash flows.

The underlying principles of relevant costing are fairly simple and you can probably relate them to your personal experiences involving financial decisions.

Types of Relevant Costs

Types of Non-Relevant Costs

Future Cash Flows

Cash expense that will be incurred in the future as a result of a decision is a relevant cost.

Sunk Cost

Sunk cost is expenditure which has already been incurred in the past. Sunk cost is irrelevant because it does not affect the future cash flows of a business.

Avoidable Costs

Only those costs are relevant to a decision that can be avoided if the decision is not implemented.

Committed Costs

Future costs that cannot be avoided are not relevant because they will be incurred irrespective of the business decision bieng considered.

Opportunity Costs

Cash inflow that will be sacrificed as a result of a particular management decision is a relevant cost.

Non-Cash Expenses

Non-cash expenses such as depreciation are not relevant because they do not affect the cash flows of a business.

Incremental Cost

Where different alternatives are being considered, relevant cost is the incremental or differential cost between the various alternatives being considered.

General Overheads

General and administrative overheads which are not affected by the decisions under consideration should be ignored.

For example, assume you had been talked into buying a discount card of ABC Pizza for $50 which entitles you to a 10% discount on all future purchases. Say a pizza costs $10 ($9 after discount) at ABC Pizza and it subsequently came to your knowledge that a similar pizza is offered by XYZ Pizza for just $8. So the next time you would have ordered a pizza, you would have (hopefully) placed an order at XYZ Pizza realizing that the $50 you have already spent is irrelevant.

Relevant costing is just a refined application of such basic principles to business decisions. The key to relevant costing is the ability to filter what is and isn’t relevant to a business decision.

Relevant costs

Relevant costs are generally divided into two categories

  • Future Cost: Incurred in the future based on the potential decision made. This should vary from decision option to decision option. If this does not change based on the decision, then it is an irrelevant cost (see below).
  • Opportunity Cost: The cost in lost opportunity depending on the decision made.

Irrelevant costs

Yes, irrelevant costs are those that should not be considered when making a decision because they can not be changed:

  • Sunk Cost: Costs that have already been paid are considered irrelevant.
  • Committed Cost: A future cost that is considered irrelevant. If the future cost must be paid regardless of the decision made then it is irrelevant.

What are relevant costs that online merchants should think about?

Executive management at a company decides that they want to develop a mobile application for Android-based mobile devices. They are presented with two options by the technical team: A web application wrapped to look like a mobile application or a mobile application written for Android. Each decision has several relevant costs:

  • Development Time(Future cost): How much time will it take to develop each option?
  • Developer Resources(Future cost): How many people, and at what wage, are required to build each option?
  • Time to Market(Opportunity cost): How much will a difference in delivery time impact sales, and what is the difference?
  • Perceived Performance (Opportunity cost): Is one option better performing than the other, and what is the expected abandonment rate based on that performance difference?
  • Omnichannel Marketing (Future & Opportunity cost): Can one option fit the overall brand experience better than the other, and is there a cost associated with integrating the application into the brand?

There are also irrelevant costs that should be ignored:

  • Existing Website(Sunk cost): The cost of the current website, even if it were reused for the application, is irrelevant. Any cost mitigation it provides would be accounted for in development time and resources.
  • Testing Software(Committed cost): Regardless of the option chosen, the same testing software will be used.
  • The cost of the iOS Application(Sunk cost): Like the existing website, the cost of the iOS application is irrelevant to this decision.

Relevant Costing and Costing for Decision Making

In management accounting, notion of relevant costing has great significance because these costs are pertinent with respect to a particular decision. A relevant cost for a particular decision is one that transforms if an alternative course of action is taken. Relevant costs are also termed as differential costs. Studies have demonstrated that relevant costs will make a difference in a decision. A relevant cost only relates to a particular management decision and which will alter in the future as a result of that decision. Other theorists described that relevant costs are future costs that will differ among alternatives. The main intent of relevant costing is to determine the objective cost of a business decision. An objective measure of the cost of a business decision is the degree of cash outflows that shall result from its execution. Relevant costing focuses on just that and overlooks other costs which do not influence the future cash flows. The fundamental principles of relevant costing are quite simple and managers can perhaps relate them to personal experiences involving financial decisions.

It is stated in theoretical literature that relevant costing is a management accounting toolkit that assists management team to make decisions when they have to deal with some issues such as whether to buy a component from an external vendor or manufacture it in house?, Whether to accept a special order?, What price to charge on a special order?, Whether to discontinue a product line?, How to utilize the scarce resource optimally?. CIMA describes relevant costs as: “the costs appropriate to a specific management decision”. A study of relevant costs and benefits assists to take wise decision. In order to meet the criteria for relevancy, a cost must have two criteria that include they affect the future and they differ among alternatives. Other group of theorists asserted that the relevant costs are applicable to decision. Costs are relevant, if they direct the executive towards the decision. It will be useful, if the costs are not only relevant but also precise. Relevance and accuracy are not alike concepts. Costs may be correct and irrelevant, costs may be incorrect but it can be relevant.

Relevant information is the predicted future costs and incomes that will differ among the alternatives relevant information. Relevant costs are the costs which would change as a result of the decision under consideration, where as irrelevant costs are those which would remain unchanged by the decision. Therefore only relevant cost would be included in the investigative framework. A relevant cost is also defined as a cost whose amount will be affected by a decision being made. Management should believe only future costs and revenues that will differ under each alternative. Relevant costs are accepted future costs and relevant profits are expected future revenues that differ among the alternative course of action being considered. In the arena of Management accounting, one feature of relevant cost is that they are future costs which have not been incurred. Hence the cost of material is relevant cost as long as the material not purchased because of deciding whether or not to purchase the material, one is to decide to sustain the cost or evade it. Therefore, all relevant costs are future costs. Whether particular costs and profits are relevant for decision making depends on decision circumstance and the options available. When selecting among different alternatives, manager must focus on the costs and revenues that differ across the decisions alternatives; these are relevant cost/revenues. The relevance of cost to decision alternative is determined by situation. The facts and policies explain situation. It is established that historical cost is not relevant, only future cost is relevant. All sunk costs are irrelevant.

Application & Limitations

While relevant costing is a useful tool in short-term financial decisions, it would probably not be wise to form it as the basis of all pricing decisions because in order for a business to be sustainable in the long-term, it should charge a price that provides a sufficient profit margin above its total cost and not just the relevant cost.

Examples of application of relevant costing include:

  • Competitive pricing decisions
  • Make or buy decisions
  • Further processing decisions

For long term financial decisions such as investment appraisal, disinvestment and shutdown decisions, relevant costing is not appropriate because most costs which may seem non-relevant in the short term become avoidable and incremental when considered in the long term. However, even long term financial decisions such as investment appraisal may use the underlying principles of relevant costing to facilitate an objective evaluation.

Meaning and Concept of Fund, Funding, Reasons, Types

A fund is a pool of money set aside for a specific purpose, often managed by individuals, institutions, or governments. Funds are used to finance projects, investments, or operations, such as retirement funds, mutual funds, or emergency funds. In business, funds can be internally generated from profits or externally raised through investors. Funds are typically tracked and managed carefully to ensure they serve their intended purpose. Whether for personal savings, charitable causes, or business ventures, a fund provides structured financial resources to support ongoing or future needs, helping ensure stability, planning, and financial control.

Funding

Funding refers to the act of providing financial resources to support a business, project, or cause. It can come from various sources such as personal savings, loans, investors, crowdfunding, or government grants. In startups and entrepreneurship, funding is crucial for product development, marketing, hiring, and scaling operations. There are different stages of funding like seed, venture capital, and series funding. The type and amount of funding depend on business needs and growth objectives. Effective funding ensures a project’s financial health, enabling innovation and expansion while often involving ownership or repayment agreements with fund providers.

Reasons of Funding:

  • Startup Capital

Funding launches a business by covering initial costs like product development, licenses, and early hires. Without capital, ideas remain unrealized. Investors (angels, VCs) provide this runway in exchange for equity or future returns.

  • Scaling Operations

Expanding to new markets, hiring talent, or boosting production requires significant capital. Funding fuels growth beyond bootstrapping limits, helping businesses capture market share before competitors.

  • Research & Development (R&D)

Innovation demands investment in tech, prototypes, and testing. Funding accelerates R&D cycles, enabling breakthroughs (e.g., AI tools, pharmaceuticals) that secure a competitive edge.

  • Marketing and Customer Acquisition

Brand awareness and lead generation require budgets for ads, SEO, and sales teams. Funding ensures campaigns reach critical mass to drive sustainable revenue.

  • Survival in Crisis

Economic downturns, cash flow gaps, or unexpected setbacks (e.g., pandemic disruptions) threaten survival. Emergency funding (loans, grants) stabilizes operations.

  • Debt Refinancing

Businesses secure funding to repay high-interest loans, reducing financial strain and improving credit health for future growth.

  • Strategic Acquisitions

Funding enables purchasing competitors, patents, or complementary businesses to consolidate market power and diversify offerings.

Types of Funding:

  • Bootstrapping (Self-Funding)

Bootstrapping means funding a business using personal savings or revenue generated by the company. It’s common in the early stages when external investors are not yet involved. Entrepreneurs retain full ownership and control, avoiding debt or equity dilution. Though it limits initial capital, bootstrapping encourages careful spending and lean operations. It’s ideal for startups with low overhead and scalable models. However, the risk is high as the founder bears all financial burdens. Success depends on disciplined budgeting and reinvesting profits to grow steadily without relying on outside help.

  • Crowdfunding

Crowdfunding involves raising small amounts of money from a large number of people, typically via online platforms like Kickstarter or Indiegogo. Entrepreneurs present their idea to the public, who fund it in exchange for rewards, early access, or equity. This method validates market demand while generating capital. It suits creative products or innovative startups looking to build a community. However, success depends on marketing appeal and transparency. Failure to meet targets or fulfill promises may damage reputation. Crowdfunding also requires detailed planning, engaging presentations, and often, a pre-existing audience to attract contributions.

  • Angel Investment

Angel investors are wealthy individuals who provide capital to early-stage startups in exchange for equity or convertible debt. They often bring mentorship, industry experience, and networking opportunities. Angel funding typically bridges the gap between self-funding and venture capital, offering both financial support and strategic guidance. It’s beneficial for startups with growth potential but limited access to institutional funding. However, it involves giving up a portion of ownership and may lead to differences in vision. Angel investors are more risk-tolerant than banks and usually invest in ideas they believe in personally or professionally.

  • Venture Capital

Venture Capital (VC) funding is provided by investment firms to high-potential startups in exchange for equity. VCs usually invest during the growth stage, expecting significant returns as the business scales. They offer large capital, mentorship, and market connections. However, startups must demonstrate scalability and a strong business model. VC funding comes in multiple rounds (Series A, B, C, etc.), and founders often give up substantial control. The goal of VC firms is eventual exit through IPO or acquisition. While risky, it is one of the most aggressive and fast-paced funding methods.

  • Bank Loans

Bank loans are a traditional funding method where businesses borrow money from financial institutions and repay it with interest over time. It’s a non-dilutive source, meaning owners retain full equity. Banks evaluate credit history, collateral, and business plans before approval. Bank loans are suitable for stable businesses with predictable cash flow and assets to secure the loan. However, they come with rigid repayment schedules and interest obligations. Startups may find it difficult to qualify without strong financial records. Nonetheless, loans offer a structured and regulated financing option for businesses seeking long-term capital.

WTO Patent Rules

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal “to promote access to medicines for all.”

Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Requirements

TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS:

  • Copyright terms must extend at least 50 years, unless based on the life of the author. (Art. 12 and 14)
  • Copyright must be granted automatically, and not based upon any “formality”, such as registrations, as specified in the Berne Convention. (Art. 9)
  • Computer programs must be regarded as “literary works” under copyright law and receive the same terms of protection.
  • National exceptions to copyright (such as “fair use” in the United States) are constrained by the Berne three-step test
  • Patents must be granted for “inventions” in all “fields of technology” provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33).
  • Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict.
  • No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.
  • Legitimate interests of third parties have to be taken into account by patent rights (Art 30).
  • In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPS also has a most favored nation clause.
  • The TRIPS Agreement incorporates by reference the provisions on copyright from the Berne Convention for the Protection of Literary and Artistic Works (Art 9), with the exception of moral rights. It also incorporated by reference the substantive provisions of the Paris Convention for the Protection of Industrial Property (Art 2.1). The TRIPS Agreement specifically mentions that software and databases are protected by copyright, subject to originality requirement (Art 10).

Article 10 of the Agreement stipulates: “1. Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). 2. Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.”

Post-TRIPS expansion

In addition to the baseline intellectual property standards created by the TRIPS agreement, many nations have engaged in bilateral agreements to adopt a higher standard of protection. These collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. General objectives of these agreements include:

  • The creation of anti-circumvention laws to protect Digital Rights Management systems. This was achieved through the 1996 World Intellectual Property Organization Copyright Treaty (WIPO Treaty) and the WIPO Performances and Phonograms Treaty.
  • More stringent restrictions on compulsory licenses for patents.
  • More aggressive patent enforcement. This effort has been observed more broadly in proposals for WIPO and European Union rules on intellectual property enforcement. The 2001 EU Copyright Directive was to implement the 1996 WIPO Copyright Treaty.
  • The campaign for the creation of a WIPO Broadcasting Treaty that would give broadcasters (and possibly webcasters) exclusive rights over the copies of works they have distributed.

Restoration and surrender of lapsed patent

The Patents Act provides certain safeguards for restoring a lapsed patent. Accordingly a patent that is ceased to have effect because of failure to pay the prescribed fees within the prescribed period under Section 53 of the Act or within such period, allowed under Section 142 of the Act.

The patentee of his legal representative, may, make an application in the prescribed manner for the restoration of the lapsed patent. In the case where the patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have effect. Though the renewal fees can be paid by any person, the application for the restoration of a lapsed patent, the application has to be made by the patentee or his legal representative.

If the patentee fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting extension of time, the patent ceases to have effect or lapses from the date of expiration. Patent lapsed, due to non-payment of renewal/maintenance fee can be restored within eighteen months from the date of lapse.

Within one year of an application for restoration of patent that lapsed should be made. If an overdue annuity is not paid within the extension period, the one year period for seeking restoration commences from the date of recordal.

Section 60 Indian Patent Act:

(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as extended under sub-section (3) of section 53, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

(2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary

The Essential Requirements to Restore a Patent:

  1. Under Section 60 of the Patents Act 1970, an application for restoration of lapsed patent should be made by patentee or his legal representative.
  2. Prescribed fee on Form 15
  3. Proof to support that failure of the renewal/ maintenance was unintentional.

Although there is no additional fee for Patent of addition, but the patent holder or the patentee has to submit each form individually for each additional patent with that of the parent restoration application.

Effect of non-payment of renewal fees

To keep the patent in force for its prescribed term, an annual renewal fee is paid to the patent Office. If the same is not paid in the stipulated period then it lapses (ceased to have effect) and becomes a public property. The Act provides certain Safeguards for restoring a lapsed patent.

Accordingly, a patent which is to have effect by reason of Failure to pay the prescribed renewal fees within the prescribed period under Section 53 of the Act, the patentee or his legal representative may make an application in the prescribed manner, for the restoration of the lapsed patent. In case where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them, without joining others, may submit the application for restoration within eighteen months from the date on which the patent ceased to have effect ( Section 60(1)).

Procedure for Disposal of Application for Restoration

a) When the Controller is prima facie satisfied that the failure to pay renewal fee was unintentional and there had been no undue delay, the application for restoration will be published in the official journal.

b) If the Controller is satisfied that a prima facie case for restoration has not been made, the Controller may issue a notice to the applicant to that effect. Within one month from the date of notice, if the applicant makes a request to be heard on the matter, a hearing shall be given and the restoration application may be disposed. If no request for hearing is received within one month from the date of notice by the Controller, the application for restoration is refused. In case of rejection of the application for restoration, a speaking order shall be issued.

c) Any person interested may give Notice of Opposition, in the prescribed manner, to the application within two months of the date of Publication in the official journal on the grounds that the failure to pay the renewal fee was not unintentional or that there has been undue delay in the making of the application.

d) The Notice of Opposition shall include a statement setting out the nature of the opponent’s interest, the grounds of opposition, and the facts relied upon. The notice of opposition shall be sent to the applicant expeditiously by the Controller.

e) The procedure specified in rules 57 to 63 for post grant opposition for filing of written statement, reply statement; reply evidence, hearing and cost shall apply in this case.

f) When no opposition is received within a period of two months from the date of publication of the application for restoration, or opposition, if any, is disposed of in favour of the Patentee, the Controller shall issue an order allowing the application for restoration. The unpaid renewal fee and the additional fee, as mentioned in the first schedule, shall be paid within one month from the date of order of the Controller.

g) The fact that a patent has been restored shall be published in the official journal.

h) To protect the persons who have begun to use the applicant’s invention between the date when the Patent ceased to have effect and the date of Publication of the Application for restoration, every order for restoration includes the provisions and other conditions, as the Controller may impose, for protection and compensation of the above-mentioned persons. No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a Patent committed between the date on which the Patent ceased to have effect and the date of the Publication of the Application for restoration of the patent.

Opposition to the Restoration af a Lapsed Patent

  • If after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application he shall publish the application in the prescribed manner and within the prescribed period any person interested may give notice for opposition for the restoration of the patent on either or both of the following grounds:-

a) That the failure to pay the renewal was not unintentional; or

b) That there has been undue delay in the making of the application for restoration (Section 61(1)).

  • No other Grounds are prescribed for filing such notice o opposition for the restoration of a lapsed patent. Only person interested can file the notice of opposition for the restoration of the lapsed patent.
  • The time period for filing the notice of opposition is two months from the date of publication and the same is filed on Form 14 with its prescribed fee. Indian Patent Act and the rules do not provide any extension beyond the period of two months for filing the opposition. However, a petition under Rule 138 of Patent Rules can be filled seeking extension of time beyond the two months period with its prescribed fees. It should be noted that the petition for extension to be filed within the period of two months only. Since the grant of the extension under rule 138 is the discretionary power of the Controller, the grant of extension cannot be taken for granted.

Rights of Patentee of Lapsed Patent which have been Restored SECTION 62

  • On the restoration of a patent, the rights of the patentee shall be subject to such provision as may be prescribed by the Controller in his order and to such other provisions as he thinks fit to impose for the protection of compensation of persons who might have began to avail them of. Or the patented invention between the date when the patent ceased to have effect and the date of publication of the application for the restoration of patent Section 62(1),
  • On the lapsing of the patent due to Nonpayment of the renewal fees, the patentee loses his right in the patent and the invention becomes public property. The provision contained in section 62 of The Act is to safeguard the interests of those persons who after ascertain from the Register of Patents that the patent has lapsed due to Nonpayment of the renewal fees and become public property had started commercially using the invention

Surrender of patents

(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.

(2) Where such an offer is made, the Controller shall advertise the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after such advertisement, give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke the patent.

Invention and non-invention in Patent Act

Invention under the Patent Act

The Act under Section 2(1)(j) defines “invention” as a new product or process involving an inventive step capable of industrial application.

The term “industrial application” refers to capable of industrial application in relation to an invention means that the invention is capable of being made or used in an industry. One of the pre-requisite of invention is that it should be new i.e. the invention proposed to be patented has not been in the public domain or that it does not form part of the state of the art.

Under the Patent Act, both processes and products are entitled to qualify as inventions if they are new, involve an inventive step and are capable of industrial application.

Requirements to Qualify as Invention

  1. The Invention must be new;
  2. Invention must involve an inventive step;
  • The invention must be capable of industrial application or utility;
  1. The invention shouldn’t come under the inventions which are not patentable under Section 3 and 4 of the Patent Act, 1970;

Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act. Such inventions are delineated below:

  • Any Invention which is frivolous or which claims anything obviously contrary to well established natural laws is not patentable.
  • Inventions which are contrary to public order or morality is not patentable.
  • An idea or discovery cannot be a subject matter of a patent application.
  • Inventions pertaining to known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance which does not enhance the known efficacy of that substance is not patentable.
  • An invention obtained through a mere admixture or arrangement is not patentable.
  • A method of agriculture or horticulture cannot be subject matter of patent.
  • A process involving medical treatment of human and animals or to increase their economic value cannot be subject matter of a patent.
  • Plants and animals in whole or in part are not patentable.
  • A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
  • Matters that are subject matter of copyright protection like literary, dramatic, musical or artistic work is not patentable.
  • Any scheme or rule.
  • Presentation of information
  • Topography of integrated circuits.
  • Traditional knowledge.
  • Inventions relating to atomic energy
  • As defined in Section 2 (j)the term “invention means a new product or process involving an inventive step and capable of application”. The invention should be of absolute novelty as neither it has been used nor published in any part of the world.

Section 3 And 4 Of The Indian Patent Act

Section 3 and Section 4 of the Patent Act is highly debatable and deals with the list of exclusions that are non-patentable that do not satisfy the above conditions. Following are not the “inventions” under the meaning of this act:

(a) Inventions that are frivolous and contrary to natural laws.

Inventions which are frivolous or contrary to well established natural laws.

Example– Inventions that are against the natural laws that are any machine giving 100% efficiency, or any machine giving output without an input cannot be considered as obvious and cannot be patented.

b) Inventions which go against public morality

Inventions in which the primary or intended use or commercial exploitation of which could be contrary to public order or morality (that is against the accepted norms of the society and is punishable as a crime) or which causes serious prejudice to human, animal or plant life or health or to the environment.

Example–As in Biotechnology, termination of the germination of a seed by inserting a gene sequence that could lead to the disappearance of butterflies, any invention leading to theft or burglary, counterfeiting of currency notes, or bioterrorism.

(c) Inventions that are a mere discovery of something that already exists in nature.

The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living or non-living substances occurring in nature.

Explanation–Mere discovery of something that is already existing freely in nature is a discovery and not an invention and hence cannot be patented unless it is used in the process of manufacturing an article or substance. For instance, the mere discovery of a micro-organism is not patentable.

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Landmark Cases of Non-patentable Inventions

In Bilski V. Kappos,

This case deals with the Patentability of a business method. In this case, Bilski and Warsaw applied for the patent on hedging risks on commodities trading but their patent got rejected by the US Supreme Court on grounds that an abstract idea cannot be patented.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

Case laws
In Glochem Industries Ltd vs Cadila Healthcare Ltd14,[2]

The Bombay High Court held that “Section 3 (d) consists of all fields including the field of pharmacology. Further, in this case, the court held that “the test to decide whether the discovery is an invention or not? It is on the patent applicant to show that the discovery has resulted in enhancement of known therapeutic efficacy of the original substance and if the discovery is nothing other than the derivative of a known substance, then, it must be shown that the properties in derivatives are significantly different in terms of efficacy. So under this sub-section, the very discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance will not be treated as an invention.

In Ten Xc Wireless Inc & Anr vs Mobi Antenna Technologies,

The Delhi High Court held that “a method of replacing conventional antennae with split-sector antennae; a split-sector asymmetric antenna for replacing conventional antennae – are all mere uses for the asymmetric antenna already known. Under Section 3(d) the subject matter claimed is therefore not an invention.

In Novartis Ag v. Union of India15,

The Supreme Court of India said that “mere discovery of an existing substance would not amount to the invention”. The Supreme Court of India further, in this case, held that for pharmaceutical patents apart from tests of novelty, inventive step and application, there is a new test of enhanced therapeutic efficacy for claims that cover incremental changes to existing drugs which also Novartis’s drug did not qualify”.

(e) Mere admixing of mixtures leading in the aggregation of properties are non- patentable.

A substance obtained by a mere admixing of two or more mixtures resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not considered the invention.

Explanation- mere addition of mixtures is non-patentable unless this satisfies the requirement of synergistic effect i.e., interaction of two or more substances or agents to produce a combined effect greater than the separate effect.

(f) Mere aggregation or duplication of devices working in a known way is not an invention.

The mere aggregation or re-arrangement or duplication of known devices each functioning independently of one another in a known way.

Explanation- mere improvement on something or combinations of different matters known before cannot be patentable unless this produces a new result or article.

(h) Horticulture or agricultural method is non-patentable.

A method related to agriculture or horticulture.

Explanation- a method of producing plants like cultivation of algae and mushrooms or improving the soil is not an invention and cannot be patentable.

(i) Medicinal, curative, prophylactic, diagnostic, therapeutic for treating diseases in human and animals are non-patentable.

Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

Explanation: those medicinal methods administering medicines orally or injecting it, surgical methods like stitch free surgeries, curative methods as curing plaques etc does not fall under the ambit of the invention and are non- patentable.

Case law
In Mayo Collaborative Services V. Prometheus Laboratories, Inc20.

In this case, the US Supreme Court said that “diagnostic and therapeutic methods (which includes the treatment or cure of diseases) is not patentable as it claims a law of nature”.

(j) Essential biological processes for the production or propagation of animals and plants is not an invention.

Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

(k) Simple mathematical or business or computer programs are not an invention.

A mathematical or business method or a computer program per se or algorithms;

Explanation– any mathematical calculation, any scientific truth or act of mental skills any activities related to business methods or algorithms (which are like the law of nature) cannot be patented.

(l) Aesthetic creation is not an invention.

A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

Explanation– such activities like writings, painting, sculpting, choreographing, cinematographing all these which are related to creativity cannot be patented and fall under the gamut of Copyright Act, 1957.

(m) Mental act, rule or method is not an invention.

A mere scheme or rule or method of performing mental act or method of playing a game.

Explanation- playing a game such as chess, sudoku etc are not considered as inventions rather these are mere brain exercises and hence are not patented.

(n) Presentation of information is non-patentable.

Explanation- a mere presentation of information by tables, chars is not an invention and hence are not patentable, for example, railway timetables, calendars etc.

(o) The topography of integrated circuits is non-patentable

Such as semiconductors used in microchips are not patented.

(p) Traditional Knowledge is not an invention.

An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of the traditionally known component or components.

Explanation- the traditional knowledge is know-how, skills, that is passed from generations to generations of a community and is already known cannot be patented for example the antiseptic properties of turmeric.

(q) Atomic-Energy inventions are non -patentable.

Section 4 deals with inventions relating to atomic energy, that are also not patentable and that fall within sub-section (1) of section 20 of the Atomic Energy Act, 1962.

Will NCPI (Bhim) Qualify For Patents?

Unified Payments is a payments mechanism that allows bank customers to send and receive money via a smartphone in real time. These payments settlements technology has been developed by NPCI (National Payments Corporation of India) which is a Reserve Bank of India backed entity with support from Indian banks.

NPCI indicated that the proximity-based solution offered by Tone Tag(a Bangalore based tech startup) could employ a tone, a sound, a near field communication (NFC), a radio-frequency identification device (RFID) or deploy ultra-high frequency (UHF) technology or a combination of these relying upon algorithm encryption. The request for proposal of NCPI added a  clause that raises questions about whether NPCI’s RFP violates Section 3(k) of the Act, as amended in 2002, lists ‘a mathematical or business method or a computer programme per se or algorithms’ under ‘inventions not patentable.

Patentability of Artificial Intelligence

The AI applications are modern-day machine learning functions and are of significant importance, especially in the commercial AI sector. However, the question is, should AI be patentable?

Indian Patent System for AI-based inventions

In India for patenting an AI technology one needs to follow the Computer-related Inventions (CRIs) guidelines which exclude a computer programme or algorithms from being patented (under 3(k) of the Indian Patent Act). At present these guidelines are focused on computers/algorithm/software based inventions and also are used to examine AI based inventions.

To claim for patenting the inventions based on AI following are needed:

  • Describe hardware (eg computer system, server, sensors etc.) along with AI algorithms in your patent;
  • Claim working method/process of the invention which uses AI; and
  • Refrain from focussing directly on programming codes/algorithms of AI.

The word “Artificial Intelligence” can be seen in claims of the granted patents but it is to be noted that this word is used to represent part of a system that utilizes data/commands provided by AI system. However, no focus is made on the operating principle of AI.

Ethics in Marketing, Meaning, Importance, Example

Ethics in Marketing refers to the principles and standards that guide companies in conducting their marketing activities responsibly and fairly. It emphasizes honesty, transparency, and respect for consumer rights, ensuring that marketing practices do not deceive, manipulate, or exploit customers. Ethical marketing involves truth in advertising, responsible communication, and fair pricing, while also considering the social and environmental impacts of products and services. Companies that prioritize ethics in marketing aim to build trust, maintain long-term relationships with customers, and foster positive brand reputations, contributing to sustainable business success.

Importance of Ethics in Marketing:

  1. Building Consumer Trust

Ethical marketing helps build trust between a company and its consumers. By being transparent and honest in their marketing communications, businesses earn the confidence of customers. This trust forms the foundation of strong, long-term relationships, as consumers are more likely to remain loyal to a brand that upholds ethical standards.

  1. Enhancing Brand Reputation

A company that practices ethical marketing enhances its reputation in the marketplace. Consumers today are more informed and sensitive to unethical business practices. Brands that emphasize ethical behavior in their advertising, customer relations, and product offerings are seen as responsible and caring, leading to positive word-of-mouth and greater goodwill.

  1. Encouraging Long-Term Success

Ethical marketing contributes to a business’s long-term success. Unethical practices might offer short-term gains, but they can lead to scandals, legal issues, or customer boycotts. A consistent ethical approach fosters sustainable growth by aligning business goals with consumer expectations, ultimately contributing to long-term profitability and stability.

  1. Avoiding Legal issues

Maintaining high ethical standards in marketing can help avoid legal problems. Many countries have strict regulations that govern marketing practices, such as truth in advertising and consumer protection laws. Ethical marketing practices ensure compliance with these regulations, reducing the risk of lawsuits, fines, and other penalties that could damage a company’s finances and reputation.

  1. Fostering Customer Loyalty

Ethical marketing strengthens customer loyalty. When consumers feel that a company values honesty, fairness, and integrity, they are more likely to return to that brand for future purchases. Ethical behavior creates an emotional connection between the brand and its customers, enhancing customer retention and loyalty over time.

  1. Promoting Social Responsibility

Ethical marketing supports corporate social responsibility (CSR). Companies that adopt ethical marketing practices also tend to focus on broader social issues, such as environmental sustainability, fair trade, and community development. This not only helps society but also strengthens the company’s brand image as a socially responsible entity.

  1. Reducing Marketing Manipulation

Ethics in marketing discourages manipulative or deceptive tactics, such as false advertising or exaggerating product benefits. By adhering to ethical guidelines, marketers can communicate honestly with consumers, preventing negative repercussions like consumer backlash or damaged credibility.

  1. Attracting Ethical Consumers

A growing number of consumers prefer to support companies that practice ethical marketing. These consumers are willing to pay more for products and services from businesses that demonstrate ethical behavior, making ethics in marketing a competitive advantage for attracting and retaining value-driven customers.

Example of Ethics in Marketing:

  1. Truthful Advertising

Ethical marketing involves being honest about product features, benefits, and performance. For instance, a food company that accurately labels its products as “organic” only if they meet certified standards ensures transparency. This helps consumers make informed decisions and prevents deceptive claims that could lead to legal or reputational damage.

  1. Respecting Consumer Privacy

Many companies prioritize ethical data collection and usage by respecting customer privacy. For example, Apple emphasizes user privacy by giving users control over their personal information, ensuring data is not shared without consent. Ethical marketing avoids invasive tactics, such as selling customer data or using misleading practices to gather information.

  1. Fair Pricing

Ethical marketing ensures that prices reflect value without exploiting consumers. During the COVID-19 pandemic, some companies refrained from price gouging essential goods like sanitizers and masks, ensuring affordability for all. This demonstrates a commitment to fairness and responsibility in times of need.

  1. Socially Responsible Campaigns

Companies like Patagonia, which incorporate sustainability into their marketing, are examples of ethical marketing. Their “Don’t Buy This Jacket” campaign encouraged consumers to reconsider unnecessary purchases, highlighting environmental responsibility over profits.

  1. Inclusive Representation

Ethical marketers strive for inclusivity in their campaigns. Dove’s “Real Beauty” campaign, for example, challenged traditional beauty standards by featuring women of various body types, ethnicities, and ages, promoting self-confidence and diversity.

  1. Transparency in Sourcing

Ethical marketing includes transparency in how products are sourced. Brands like Fairtrade promote ethically sourced products by ensuring fair wages and working conditions for farmers and workers, appealing to consumers who value social responsibility.

Components (Ps) of Marketing Mix., Meaning and Elements

Marketing Mix is a fundamental concept in marketing that refers to the set of controllable tools a company uses to influence the buying decisions of its target market. Traditionally, it is composed of four key components, often referred to as the 4 Ps: Product, Price, Place, and Promotion. Each of these elements works together to form an integrated strategy that helps meet the needs of customers and achieves organizational goals.

Product

The product is the central element of the marketing mix. It refers to what the business offers to the market, whether it is a tangible good (physical item) or an intangible service. The product must satisfy the needs and wants of the customers and deliver value, which is essential for the success of any marketing strategy.

Elements of Product:

  • Core Product:

The primary benefit or service the customer is seeking. For example, in purchasing a car, the core product is transportation.

  • Product Quality:

The level of quality a product has, which affects customer satisfaction and loyalty. High-quality products are often linked to higher prices and brand image.

  • Product design and Features:

Includes the specifications, style, color, and functionality that make the product attractive or useful to consumers. Innovation and uniqueness can differentiate a product from competitors.

  • Branding:

The name, symbol, or design that identifies and differentiates a product. Branding creates recognition and loyalty among customers.

  • Packaging:

The way the product is presented to customers. It serves as protection but also as a tool for branding and communication.

  • Product Lifecycle:

Products go through stages like introduction, growth, maturity, and decline. Understanding this lifecycle helps marketers plan for innovation and product changes.

  • Product Variety:

Offering a range of products to meet the diverse needs and preferences of customers.

  • Support services:

After-sale services, warranties, and guarantees enhance customer satisfaction.

Price

Price is the amount of money customers must pay to acquire a product or service. It directly affects demand and is a crucial factor in determining a company’s profitability. Pricing strategies must consider costs, customer perception, competition, and market conditions.

Elements of Price:

  • Pricing strategy:

Different strategies like penetration pricing (setting a low price to enter the market), skimming pricing (setting a high price initially), and competitive pricing (setting a price based on competitors’ prices) are used depending on the market and business goals.

  • Cost:

The company’s costs, including production, distribution, and marketing, influence the price. The price must cover costs to ensure profitability.

  • Perceived Value:

How much customers are willing to pay for a product based on its perceived benefits and uniqueness.

  • Discounts and Allowances:

Offering discounts, seasonal pricing, and allowances to incentivize purchases.

  • Payment terms:

Flexible payment options like installment plans, credit, and deferred payments can make a product more accessible to a broader audience.

  • Price elasticity:

How sensitive customer demand is to price changes. Products with high elasticity see significant changes in demand when prices fluctuate, while inelastic products have more stable demand.

  • Psychological Pricing:

Tactics like pricing items just below a round number (e.g., $99.99) can make the price seem more appealing.

  • Geographical Pricing:

Adjusting prices based on the location, local economic conditions, or transport costs.

Place (Distribution)

Place refers to the activities that make a product available to customers. It is about getting the right product to the right place at the right time, ensuring convenience and accessibility for customers. Efficient distribution systems can provide a competitive advantage.

Elements of Place:

  • Distribution channels:

The pathways through which products reach customers, including wholesalers, retailers, online platforms, direct selling, and more.

  • Logistics:

The transportation, warehousing, and inventory management required to move products from production to the point of sale.

  • Market coverage:

The extent to which a product is available across various locations. It may involve intensive distribution (as many outlets as possible), selective distribution (a limited number of outlets), or exclusive distribution (a few select outlets).

  • Channel Partners:

Relationships with intermediaries like wholesalers, retailers, and agents who help sell the product. Strong partnerships ensure efficient delivery and product availability.

  • Supply Chain Management:

The process of coordinating and optimizing the flow of goods and services from supplier to manufacturer to customer.

  • Retail Location:

For businesses with physical stores, choosing the right location is critical to attracting customers and generating sales.

  • Online presence:

In the digital age, having a strong e-commerce platform or partnering with online marketplaces ensures that customers can purchase products conveniently.

  • Distribution intensity:

Deciding whether to offer the product through a wide range of retailers (mass distribution) or select a few exclusive retailers (niche distribution).

Promotion

Promotion encompasses all the activities and tools that communicate the value of the product to the customer and persuade them to purchase it. It includes various forms of communication aimed at creating awareness, generating interest, and ultimately driving sales.

Elements of Promotion:

  • Advertising:

Paid media campaigns through television, radio, online ads, social media, print, etc., that inform and persuade customers about the product.

  • Sales Promotion:

Short-term incentives like coupons, discounts, contests, and free samples that encourage customers to try or buy the product.

  • Personal Selling:

Direct interaction between a sales representative and a customer to provide information, answer questions, and close sales. It’s often used in high-involvement purchases.

  • Public Relations (PR):

Managing the company’s image and relationship with the public through media coverage, press releases, events, and community involvement.

  • Direct Marketing:

Engaging directly with the customer through emails, catalogs, telemarketing, and mobile messages to promote the product.

  • Digital Marketing:

Utilizing online platforms such as social media, search engines, and websites to connect with customers. It includes content marketing, influencer marketing, and email campaigns.

  • Sponsorship and Endorsements:

Partnering with events, celebrities, or influencers to boost the product’s visibility and credibility.

  • Brand Positioning:

Defining how the product is perceived in the minds of the customers compared to competitors.

How to Develop a Marketing Mix?

  1. Define Your Goal and Set a Budget

The first step in developing an effective marketing mix is to establish clear, specific goals. What do you want to achieve through your marketing efforts? Whether it’s increasing sales, attracting new customers, or enhancing brand recognition, your objectives should be measurable and realistic. Once you’ve defined your goals, it’s crucial to set a budget that aligns with these objectives. The budget should reflect how much you’re willing to invest in reaching your goals.

  1. Study Your Target Customer

Understanding your target customer is essential to developing a marketing mix that resonates. Research and segment your audience to identify different groups with specific needs, preferences, and behaviors. Create detailed customer profiles for each segment and refer to these profiles when crafting your marketing strategies. This ensures that your product or service is tailored to meet the desires of each segment, increasing its appeal and effectiveness.

  1. Identify Your Unique Selling Proposition (USP)

Your unique selling proposition (USP) sets you apart from competitors. To clarify your USP, engage with your customers through surveys, interviews, and focus groups. Identify the key benefits your product or service offers and how it solves problems more effectively than competing offerings. Highlighting your USP in your marketing mix will help attract and retain customers by communicating what makes your product special.

  1. Understand Your Competition

Conduct a thorough competitor analysis to gain insights into their strategies and tactics. Understanding your competitors will provide valuable information, especially when it comes to pricing. Knowing how others in your industry position their products, their pricing models, and their distribution channels allows you to differentiate your offering and stay competitive in the market.

  1. Identify the Unique Features of Your Product

List the unique qualities and value that your product or service provides. Consider features such as design, functionality, or added benefits that make your offering stand out. Emphasizing these unique aspects in your marketing materials can help you position your product more effectively in the market.

  1. Create a Pricing Strategy

Based on the competitor analysis you’ve conducted, develop a pricing strategy that reflects your product’s value while remaining competitive. Ensure that your product is neither overpriced nor underpriced by considering factors such as customer perception, production costs, and competitor pricing. A well-thought-out pricing strategy can influence consumer purchasing decisions and impact your profitability.

  1. Choose Your Distribution Channels and Promotional Methods

Select the appropriate distribution channels for delivering your product based on its type and the preferences of your target audience. Whether it’s physical stores, online platforms, or a combination of both, ensure your product is accessible where your customers are. Additionally, choose promotional methods that fit your budget and resonate with your audience. Your promotion strategy should align with your overall marketing objectives and highlight your product’s unique features and value.

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