TVS loses patent battle to Bajaj again

03 April 2009

Bajaj Auto Ltd has won another battle against two-wheeler rival TVS Motor Co Ltd, as it has been granted the patent for its 'ExhausTEC' technology by the Controller General of Patents, Designs and Trade Marks. The decision could spell trouble for TVS, which has allegedly been using the same technology on its popular Apache series.

''The patent arms us with power of infringement,'' said Bajaj Auto vice-president S Ravikumar. ''Only time will tell what we do next.''

This is the second victory for Bajaj over TVS on property rights. The earlier clash occurred when TVS Motors unveiled its 125cc bike Flame in August 2007. Bajaj Auto promptly filed a case alleging that TVS had used the digital twin spark technology (DTSi) patented by it in 2002.

After an injunction by the Madras high court February 2008 in favour of Bajaj Auto, TVS Motors had to withdraw and re-launch the motorcycle with single-spark technology. The injunction also barred TVS from using twin-spark technology on any of its subsequent products.

Ina a media statement Ravikumar said Bajaj Auto had been granted the patent last month by the Indian patent office. This was published in the Patent Gazette of 27 March.

''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,'' the statement says, adding that Bajaj has used it on its motorcycles since August 2004, when it filed a patent for this technology.