TVS Motor withdraws appeal on self locating ignition lock

Company may continue to provide the feature and others can benefit by incorporating it

TVS Motor has withdrawn its appeal on patent for a 'self locating ignition lock assembly', which is designed to help the driver or any other person to locate the ignition lock in the darkness using a fluorescent substance, from the Intellectual Property Appellate Board (IPAB).

The company said that it would continue to provide the feature where ever it is appropriate and others can also benefit from the claimed invention.

The dispute came to IPAB after the assistant controller of patents & designs, Chennai rejected the patent application and specifications on February 24, 2011, for the invention titled "a self locating ignition lock assembly', stating that it lacks novelty and inventive step. The application was filed in December 31, 2009 and a hearing was organised for the company on December 28, 2010.

The senior counsel M K Rao, appeared for TVS Motor today submitted that the company is now not intended to pursue the matter and sought permission to withdraw the appeal. The counsel informed that he has received an oral instruction from his client for the withdrawal of the appeal. Taking the written endorsement made by the counsel and the special officer appeared for the company, the bench comprising IPAB Chairman Justice K N Basha and Technical Member - Patents DPS Parmar ordered the appeal "dismissed withdrawn as not pressed". Consequently, the miscellaneous petition was also closed.

The features of the claimed invention was that it is a self locating ignition assembly for a motor vehicle comprising of a lock body having a plate, made up of fluorescent substance for absorbing light energy during the day and rendering itself in the night to visually self locate, securely fixed to it with an aperture to expose the key slot. The aim is to enable the rider to locate the ignition lock assembly quickly and easily, even in total darkness.

In a statement issued today, TVS Motor said that it has decided not to pursue the appeal further for the application for grant of a patent which would provide exclusive rights.

"TVSM may continue to provide this feature where ever appropriate and equally others can benefit by incorporating the feature of illumination of ignition lock assembly on two wheelers during night," said Varghese M Thomas, corporate communications, TVS Motors.

Considering the application, M Ajith, the assistant controller of Patents and Designs, in the order dated February 24, 2011, said that the feature of fixing entire plat of fluorescent substance to locate ignition lock cylinder even at dark time cannot be considered as a technical advancement in light of disclosures detailed in the previous patent document from the US, which discloses "a sheet containing fluorescent substance conducts the light to the edge to produce a brilliant strip of light in order to locate ignition cylinder at the dark for inserting key."

The feature of fixing entire plate of fluorescent substance to the ignition lock cylender can be considered as a result of routine experimentation which a skilled person can easily carried out on the basis of the US patent document and therefore it is obvious to the person skilled in the art, it said.