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Monday, September 03, 2007

Bajaj-TVS patent battle

Pharmacy & Drugs people are long in the know on patents and patent infringements. Now this dispute between Bajaj and TVS will bring it home for engineering community. Some basics on patenting- there can be no patent on any product like Motorbike, there can be no patent on any technology like DTS-i or CC-VTi. Patents are given for innovation and monopoly rights (for a limited period) are valid in the nation in which the patent rights are granted for the claims of the accepted patent. What is protected from infringement are only the claims. See Bajaj claims as given in the PCT application.What if Bajaj loses patent as disputed by TVS that it is part of prior- art, i.e, known to the public by the time Bajaj first applied for protection India. If there is no patent infringement Bajaj can continue to manufacture and sell the product. What if Bajaj wins the case-TVS will be forced to discontinue production/ marketing or take license from Bajaj. Important lesson is-patenting is not an end of pipeline activity. NPD (New Product Development) begins with identification of patent spaces. Interested -read Capturing value with IPR (free) from
http://www.indianinnovatorsforum.org/e-learning.htm

1 comment:

karthik said...

Dear Dr. Rao,
Same patent has been filed in India and got granted (649/MUM/2002), whereas when bajaj took this to PCT, it did not disclose about 649. WOuld it invoke new problems for bajaj?