[RM Motorsports]

The EV evolution has taken a rather interesting turn in India. Kanishk Sinha, a Kolkata based lawyer who is a patentee for registration of electric vehicles across India for 20 years is claiming to be the only facilitator who can get electric vehicles registered in India. As per his claim, any individual state or union territory doesn't have the rights to directly register any battery operated electric vehicle in their province. Any EV customer will have to use Amit Engineering's service to get their vehicle registered, as it has leased the rights from Kanishk Sinha.

The apex court's order also states that EV registration by any other party, be it state or union territory, will be considered to be an infringement of the patent and thereby of Supreme Court's order as well. As per Sinha's claims, the Supreme Court has also put a stay order on registration of EVs by Delhi Government. The court had also asked to stop the registration of electric vehicles in India on February 24, 2020 and it was upheld by the Supreme Court on January 12, 2021. The Delhi government has said that it will stop the registration of e-Rickshaws in the state while the Jammu & Kashmir government has already stopped. Other states are yet to follow the order.

https://www.carandbike.com/news/supr...ration-2363804

[saikarthik]

The article doesn't mention about the technicalities and actual patent claim, but I smell nothing but publicity, politics and profiteering.

EV registrations have been going on for many years in India, why come out now? These people put self interest before the common good and the court needs to punish severely if such acts are done with no proper legality.

I don't get it, can a general and common service be patented?

[BoneCollector]

In an interesting turn of events, a Kolkata based lawyer, Kanishka Sinha has got exclusive rights to register all electric vehicles across India for a period of 20 years! Although the news says electric vehicles, somewhere it also mentions about only e-rickshaw. So it's a confusing report.

The EV evolution has taken a rather interesting turn in India. Kanishk Sinha, a Kolkata based lawyer who is a patentee for registration of electric vehicles across India for 20 years is claiming to be the only facilitator who can get electric vehicles registered in India. As per his claim, any individual state or union territory doesn't have the rights to directly register any battery operated electric vehicle in their province. Any EV customer will have to use Amit Engineering's service to get their vehicle registered, as it has leased the rights from Kanishk Sinha.

The Supreme Court has also stopped registration of all Electric vehicles in India including e-rickshaws.

Link 1

Link 2

I have genuine doubts on this and this smells more of a scam rather than factual news. But since the Supreme Court has been quoted, this needs more clarification and elaboration.

[V.Narayan]

Sounds rather strange. Will need more facts to determine what's going on here. I can imagine with some stretch of engineering imagination that this person has a patent on the design of the E-Rickshaw but what does having a patent on the registration process mean? The registration process is merely a series of administrative actions laid out by the respective RTOs - there is no scientific breakthrough out there to patent. Unless he has patented a process for all our worthy RTOs to register vehicles on time, courteously & without fuss and without lubrication In that case what comes next - patenting the process of licking stamps!!

[shady_lawyer]

So I checked up the facts. Turns out this Sinha owns a company called Jasper Motors that holds a patent to a battery mounted on a vehicle which is eco friendly and is restricted to e-rickshaws. He has filed a suit before the Alipore court claiming that registration of e-rickshaws other than those of Jasper violates his patent. The Alipore court granted an injunction/stay on 24.02.2020 which was challenged by one Volmac Engg. In the SC. This petition was dismissed as withdrawn on 12.02.2021 in the SC.

The interesting issue is as to how does registration infringe his patent. ideally it’s the manufacturer, importer or dealer who is selling the product is guilty of infringement. Sadly the order of the trial court is not very forthcoming as to the reason to grant the injunction apart from quoting that the court is bound by principles of law.

Also he seems to have made all states as Defendants so I guess there is an All India stay on registration of e-rickshaws

[VKumar]

Originally Posted by shady_lawyer

So I checked up the facts. Turns out this Sinha owns a company called Jasper Motors that holds a patent to a battery mounted on a vehicle which is eco friendly and is restricted to e-rickshaws. He has filed a suit before the Alipore court claiming that registration of e-rickshaws other than those of Jasper violates his patent.

Thanks for your opinion, this has raised another question in my mind:

Shall the "battery mounted vehicle" not be termed as a 'universal concept' now, given the fact that EVs have to be this way only? Or, can the PCT come for the help of the likes of MG etc, who have developed their EVs overseas, but are selling them here?

Edit: Looks like this applies to only rickshaws, some articles suggest that its a blanket ban on entire Electric Vehicles segment.

[KiloAlpha]

Here is how I think this is going to play out. There is going to be plenty of drama along the way, but the end game will be as below.

Jasper Motors will allow for e-rickshaws to be sold/registered in India as long as their patent is acknowledged and accepted by all other manufacturers (like Mahindra & Mahindra). This will involve some payment of "royalty" to Jasper Motors for every e-rickshaw that is sold and registered.

[JagMan]

Originally Posted by shady_lawyer

The interesting issue is as to how does registration infringe his patent. ideally it’s the manufacturer, importer or dealer who is selling the product is guilty of infringement. Sadly the order of the trial court is not very forthcoming as to the reason to grant the injunction apart from quoting that the court is bound by principles of law.

Thank you for the facts. It's become really difficult to find info these days.

Originally Posted by VKumar

Thanks for your opinion, this has raised another question in my mind:

Shall the "battery mounted vehicle" not be termed as a 'universal concept' now, given the fact that EVs have to be this way only? Or, can the PCT come for the help of the likes of MG etc, who have developed their EVs overseas, but are selling them here?

Edit: Looks like this applies to only rickshaws, some articles suggest that its a blanket ban on entire Electric Vehicles segment.

Not a lawyer but that's what I'd think as well. Where is the innovation in throwing a a few parts on a rickshaw frame and turning it into an e-rickshaw.

Originally Posted by KiloAlpha

Here is how I think this is going to play out. There is going to be plenty of drama along the way, but the end game will be as below.

Jasper Motors will allow for e-rickshaws to be sold/registered in India as long as their patent is acknowledged and accepted by all other manufacturers (like Mahindra & Mahindra). This will involve some payment of "royalty" to Jasper Motors for every e-rickshaw that is sold and registered.

As per the below story folks are supposed to apply for an NOC from amit engineering to register an e-rickshaw. The registration should then I would assume be carried out by the rto departments. Looks like shoddy reporting. These folks latch onto keywords and then fill the rest of the story with random words then don't make sense at the end.

https://www.aninews.in/news/business...0155801/?amp=1

[GTO]

A most absurd situation based on a technicality! Just tried buying an NOC and they want 10000 bucks as a licence fee!!!!



Here is the full press release we received:

E vehicles to get the registration only through Amit Engineering Company, ordered, Supreme Court of India

New Delhi, 4th February 2021: To announce the grant extended for registration of eco-friendly battery e rickshaws, e Vehicle patentee Shri Kanishk Sinha, Advocate Kolkata, and Directors of Amit Engineering Company Shri Amit Goel and Pankaj Goel organized a press conference at Press Club.

With the coming in of the eco-friendly e vehicles there was huge concern hanging around the non-uniformity of the unit battery power in the e vehicles for which the court had passed orders to discontinue the registration of e vehicles rickshaw vide order dated: 24-02-2020 which was upheld by the Hon’ble Supreme Court of India by its judgment / order dated: 12-01-2021.

As the court modified its early order to the extent that “….the respondents are at liberty to grant registration to eco-friendly battery operated e rickshaws on the basis of license granted by the assignee of the patentee". On the basis of the application whereby and where under it was prayed that, “…..for issuance of no objection certificate to the buyers/customers through their respective software.” Customers/buyers can directly get NOC by paying licence fee online directly from www.amitengineeringcompany.com upon payment of NOC charges per e-rickshaw.

Kanishk Sinha
Advocate / Patentee

And another one:

Amit Engineering Company has been recognized as the sole patent authority to issue NOC of battery e rickshaws and e vehicles PAN India by the Hon’ble Supreme Court of India. According to the grant e vehicles can be registered only through Amit Engineering Company. Earlier the Supreme Court had discontinued the registration of e vehicles on 24-2-2020 over concern hanging around the non-uniformity of the unit battery power in the e vehicles.

Amit Engineering Company at the press conference announcing Supreme Court's e vehicle registration grant

On 12-01-2021 Court revoked the earlier order and granted Amit Engineering the sole authority to carry out the registration of e rickshaws and e vehicles. While holding a press conference in Delhi proprietor Mr. Amit Goel and promoter Mr. Pankaj Goel of Amit Engineering along with the patentee stated that they have been authorised to issue NOC of e vehicles registration.

Shri Kanishk Sinha, Advocate and Patentee Kolkata, and proprietor Mr. Amit Goel and promoter Mr. Pankaj Goel of licensee company Amit Engineering informed the press that anyone who is desirous of obtaining patent licence can do so through www.amitengineeringcompany.com by directly paying the NOC charges.

On the occasion the Advocate and Patentee, Kanishk Sinha said, “The respondents are at liberty to grant registration to eco-friendly battery operated e rickshaws on the basis of license granted by the assignee of the patentee." On the basis of the application whereby and where under it was reiterated that, “The issuance of no objection certificate to the buyers/customers can be done through the respective software.”

At the press conference, Mr. Kanishk Sinha announced that Amit Engineering Company was granted the sole authority to issue NOC and registration of e vehicles.

[srini1785]

What an absurd claim!. I am not a patent lawyer but by all standards this is bordering on the absurd. Not to mention that my belief in the judiciary has also taken a hit. No less than the supreme court itself !!.

As far as i know , a patent can be provided for any new creation that is not actually present in the market already. Those patent office babus have some explanation to do. What has this Gent done to deserve a patent?. Some more facts are needed.

[GrammarNazi]

I may be wrong but I'm guessing maybe e-Rickshaw manufacturers will add a contraption that technically deviates from the patented technology (I'm just guessing a stick-on a radiator to cool the battery pack / electric motor...?), so it can be registered by-passing the patent, to run on public roads.

Edit : Whether it's ₹10,000/- or ₹1,000/-, a patent holder has their rights protected by law. Anyway, let's see.

[Sankar]

The patent was filed for in 2005 and after reconsideration it granted in 2012 effective from 2005 after deletion of 2 claims from the total 8. From what I read in the following judgement by calcutta highcourt where some details of the patents are given the technical terms being used are fuel cell, zinc air battery, carbon cathode, zinc anode, NiCd battery pack et al., more details in the link. So how is this applicable to Lithium ion battery powered vehicle? Someone should fight the patent if its possible as this looks like one of those patents that we have read about whose sole aim is to make $$ out of other people's work.


This has been going on for a while though. Following is from their own website.

E-RICKSHAW LAW IN INDIA
Initially e-rickshaws were unregulated by any central law in India. However, the Delhi High Court, banned running of e-rickshaws in Delhi on 31 July 2014, over safety concerns raised through a public interest litigation.[16] In a rally held for regularization of e rickshaws in Delhi transport minister NitinGadkari said that "municipal corporations would regularize e-rickshaws by registering them for a fee of just Rs.100. After registering the e-rickshaw, corporations will have to issue identity cards to drivers so they can earn their livelihood easily." Once the policy was in place, the corporation, along with traffic police, would have to fix the amount of fine to be imposed for violation of the policy. However, the policy was never implemented. Certain states like Tripura had regularized the e-rickshaws through municipal bylaws or through state legislation. In March 2015, the Indian Parliament passed an amendment to the Motor Vehicles (Amendment) Bill, 2015 legalizing E-Rickshaws. By July 2015 Battery Rickshaw are available for travel in many cities, now certified to ply with Registration No. plate by R.T.O. with insurance.

2005 - 2012
Patent granted on 28.12.2012 w.e.f. 02.05.2005 by Central Government for the technology of battery operated eco-friendly e-rickshaw

17.06.2015
Hon'ble Calcutta High Court restrained the respondents from infringing the plaintiffs' patent in relation to the eco-friendly vehicles" after notice and or in presence of Learned Law officer of the state of west Bengal

31.07.2015
Hon'ble Supreme Court upheld the said order of the High Court dated: 17.06.2015

May, 2016
The Hon’ble Prime Minister of India NarendraModi launched / distributed prohibited brand of e-rickshaws in Varanasi

28.03.2017
The writ petition moved against Prime Minister NarendraModi before the Hon'ble Tripura High Court being W.P. (C) 177/2017 titled Lipika Das Sinha & Anr. Vs Shri Narendra Modi & Ors" and on hearing Hon'ble court allowed the said writ petition ordering inter alia "the joint transport commissioner is directed by this court to create an enforcement mechanism for a particular period to supervise enforcement of the changed law in the State of Tripura, so that the illegal business and operation of the E-rickshaw and E-cart cannot be perpetrated by any unscrupulous person."

06.04.2016
The Central Government i.e., The Secretary, Ministry of Road Transport and Highways ordered “deviation or any matter relating to the above subject has to be taken up with the state government”

29.04.2016
The Central Government i.e., The Secretary, Ministry of Road Transport and Highways ordered "with regard to infringement of patents, you may take appropriate steps as may be deemed appropriate;"

10.06.2016
The Government Of Punjab, Department Of Transport “issued an advisory to all The Manufacturers / Exporters / Importers / Dealers (List Enclosed) To Settle The Patent Dispute With M/S Jasper Motors Private Limited And Inform The Progress Settlement, If Any To The Government Of Punjab”

17.06.2016
The Calcutta High Court constituted High Power Committee on e-rickshaw to restrain plying of unregistered / illegal TOTOs in the State and to formulate some policy regarding e-rickshaws

20.06.2016
The High Power committee on e-rickshaw ordered to regulate illegal TOTOs (non-complaint of Rule 126 of CMVRs) in the state of West Bengal;

13.07.2016
The Government of Himachal Pradesh, Department of Transport issued an advisory to the director of transport directing inter alia “however, it is advised that as and when, e-rickshaws are introduced in Himachal Pradesh, the patent no: 254875 (copy enclosed for ready reference) issued to jasper motors pvt. ltd., may be kept in mind, so that no infringement of the said patent occurs.”

14.09.2016
The Government of Bihar, Department Of Transport issued an advisory “Directing All The Manufacturers / Exporters / Importers / Dealers (List Enclosed) To Settle The Patent Dispute With M/S Jasper Motors Private Limited”

31.01.2017
The Government of Tripura, Department of Transport, ordered “in the event of his feeling aggrieved on violation of his patent by any manufacturer etc., he is at liberty to take appropriate legal action against them”

10.03.2017
The West Bengal Government announced to convert existing illegal TOTOs (Non ICAT) To E-Rickshaws (ICAT Certified) by giving proper License/ Registration and insurance against Rs 1.35 - 1.50 Lac By deducting Rs 18k To 20k as an exchange value

21.04.2017
The Hon’ble Calcutta High Court declared all licenses/registrations of defendants of C. S. No: 388 of 2014 as void ab initio and also directed the high power committee on e-rickshaw to not to take any steps affecting the rights of the patent holder

08.05.2017
The Hon’ble Supreme Court again dismissed The Special Leave to appeal against the Calcutta High Court order dated: 21.04.2017 thereby upholding the said order

02.06.2017
The Transport Department, Government of West Bengal by its said letter / communication ordered that, "this department does not issue any license / registration to the manufacturer of e-rickshaw / defendants of C.S. No: 388 of 2014"

27.06.2017
The Hon’ble Odisha High Court observed That, “plying of E-Rickshaws and E Carts without license and or specific brand of Jasper Motors will be deemed to be construed as an infringement of patent right of the patentee”

05-12-2020
Hon'ble Kolkata Court granted liberty to all states and UTs of India that all registrations shall be granted in the name of assignees through their respective software

12-01-2021
The Hon'ble Supreme Court dismissed the special leave petition filed against the injunction order

https://amitengineeringcompany.com/e-rickshaw-la

[amol4184]

My brain hurts reading these articles not only because "Amit Engineering Company" sounds like a made up name by an unimaginative writer for a low budget Bollywood movie but also because it sounds like they have patent on registration process.

What is stopping some guy next to have a patent on streaming OTT channels because he once split Tata Sky line and provided direct TV in multiple rooms? When I read the article first about 2-3 days ago it felt borderline ridiculous and I dismissed it. Now it is on tbhp and I can't help but shake my head in disbelief. How does this patent override all the RTOs and how is this not being contested (yet)?

Besides,

05-12-2020
Hon'ble Kolkata Court granted liberty to all states and UTs of India that all registrations shall be granted in the name of assignees through their respective software

What does this mean exactly, I will be able to register thru state/UT software but need to pay fees to A.E.C or I register thru A.E.C software itself? Sounds terrible anyway you cut it.

[srishiva]

Hope now we can mount vehicle on battery instead of other way around ?

So for every registration, they want to pocket 10K ? Cant it be proven as prior art before 2005 ? No one ever used a battery on a vehicle is what it means.

[Sreejith V]

Interesting point is, none of the main stream news media has reported this ruling. Not able to find a copy of supreme court ruling also. If somebody can spot the ruling copy, please share on the forum.