After Bajaj opposition, TVS denied shock absorber patent

Chennai, July 5: Taking the turf war with TVS Motor Company further ahead,Pune-based Bajaj Auto has won a patent case related to a shock absorber for two wheelers, which was being sought by the former.

The Chennai patent office on Tuesday refused the patent to TVS Motor concurring to the objections raised in the pre-grant opposition filed by Bajaj Auto. Bajaj Auto alleged that the invention for which a patent being sought is nothing new and has been there in the marketplace since 1998.

Rejecting the patent, M Ajith, deputy controller of patents & designs, Chennai said that Bajaj Auto has succeeded inestablishing the ground of insufficiency in disclosure and the application for patent is liable to be refused based on this ground alone. Both the auto companies had been locked in patent war earlier too when Bajaj Auto sought and was granted an interlocutory injunction by the Madras High Courton February 16, 2008 restraining TVS Motor Co from launching their 125 cc motorcycle under the trademark Flame- which has allegedly used the DTS-i technology that deals with the use of twin spark plugs in the engine. Though the injunction was lifted later, the case was still pending at Madras High Court, after being remanded back by the Supreme Court.

Interestingly, the setback came for TVS Motor, a day after it moved Madras High Court against advertisements made by Bajaj Auto dealers, which reportedly had false mileage claims about their bikes.

Besides, Bajaj Auto, Endurance Technologies had also filed a pre-grant opposition to TVS Motor's patent application for patent on shock absorber for two wheeler, before the Chennai patent office.

TVS Motor submitted that invention relates to a shock absorber for a two wheeler with helper spring. The helper spring, made up of polyurethane, has the property of absorbing and dissipating energy efficiently thereby increasing the passenger ride comfort and durability of the shock absorber.