Readers may recall SpicyIP had extensively reported on Bajaj-TVS twin spark plug controversy around the same time early last year. It appears we will have more meat to chew on this year on a different technology but involving the two auto giants again. Yesterday it was reported in the Business Line that Bajaj was granted a patent 231498 dated March 5, 2009 by the Indian Patent office for its ‘ExhausTEC’ invention”. The press release issued by Bajaj states that ExhausTEC “significantly improves low/mid-range torque in a single cylinder four-stroke engine, employing a chamber of pre-determined volume attached to the exhaust pipe.” Apparently, Bajaj has used this technology in its motorcycles since August 2004 when it filed for a patent on this technology.
On December 12, 2007, Bajaj served a notice on TVS for “potential infringement” when it observed a perceived similarity between its product and the products unveiled by TVS on August 30, 2007. On December 24, 2007, TVS filed a pre-grant opposition before the Indian Patent Office under Section 25(1) of the Patents Act, 1970, opposing grant of patent for this invention which was dismissed by the patent office.
According to a news report in Business Line today i.e. April 4th, TVS has stated that the grant of the ExhausTEC patent to Bajaj Auto does not, in any way, impact its products in the market. The Business Line report states thus:
In a press release issued here on Friday, TVS Motor has said it “is not infringing on the said patent and the grant of this patent has no impact on our business as none of the products of the company utilise the said technology.”
Surprisingly, TVS has gone out of its way to clarify that there is no correlation between the DTSI patent and the exhaust technology; no person with ordinary skill in the art would need to be told this, but it reflects that TVS is probably being cautious and does not want to take any chances. One has a hunch that this may provide more cannon fodder in the future and a much-needed diversion from pharma-centric debates.
