The major automobile maker of India – Bajaj Auto Ltd has won patent for an engine technology that it uses in its motorbikes, for which it was warring with TVS Motor. The nation’s largest two and three-wheeler maker, Bajaj Auto has gained the patent for its bike super engine ‘ExhausTEC’ from the Indian Patent Office.

The press release signed by Vice-President, Business Development, Mr. S. Ravikumar, issued on Wednesday states that the Pune based Bajaj Auto has been awarded the Patent no 231498, dated March 5, 2009 by the Indian Patent office. The patent was published in the 27 March edition of the government of India’s Patent Gazette.

According to Bajaj Auto, the company had filed an application seeking the patent on 6 August, 2004, and ultimately, the company has gained patent for its ExhausTEC invention, from the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).

In the press release, Bajaj Auto has stated 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.” Bajaj Auto has claimed that it has been using ExhausTEC technology in its motorbikes since August 2004, since it filed application seeking the patent for the technology.

Now, with the patent awarded to Bajaj Auto, the rival TVS Motor Co. Ltd is in trouble, because TVS has also been using the same technology in some of its bikes. Bajaj Auto and TVS Motor were involved in a legal battle over ‘ExhausTEC’ technology. Now, Apache brand of motorcycles from TVS Motor are under question because TVS has used ‘ExhausTEC’ in these bikes as well.

According to Shamnad Basheer, professor at Kolkata-based National University of Juridical Sciences, it would be trouble for TVS Motors, if it continues selling its Apache bikes, as the patent is effective now.
S. Ravikumar, vice-president, Bajaj Auto, said, “The patent arms us with power of infringement. Only time will tell what we do next.” On the other side, Cecil K. Dewars, vice-president, corporate communications, TVS Motors, said, “I am clueless, I have asked our legal counsel to look into the matter.”

The battle between Bajaj Auto and TVS Motor started in late-2007. Bajaj alleged TVS of infringing its twin spark technology, after TVS rolled out a line of new products at Hosur on August 30, 2007. Bajaj noted that TVS used its technology in its Apache bikes, and it issued a notice to TVS on 12 December for infringing its technology. Responding to Bajaj Auto’s allegations, TVS on December 24, filed a pre-grant opposition at the Indian Patent Office under Section 25(1) of the Patents Act, 1970 opposing grant of patent for this technology. The battle continued and ultimately the Bajaj Auto was able to won the patent.