India Patent Office Rejects Protection for Sex Toy Maker

India Patent Office Rejects Protection for Sex Toy Maker

NEW DELHI — The Indian Patent Office has rejected an application that would have provided intellectual property protection to one of the most-popular vibrators marketed around the world.

The patent’s office decision about WOW Tech Group’s We-Vibe brand of sex toys, delivered last year, has only come to light this week.

The BBC reported that WOW Tech, which recently was known as Standard Innovation Corp. prior to its merger with Womanizer Group Management GmbH, had applied for a patent in India to prevent generic copycats being sold in the Indian market.

Since the We-Vibe brand was founded in 2003, more than 5 million units have been sold across 50 other countries. A couples vibrator with an ergonomic design, the We-Vibe is protected by patents in the U.S. and elsewhere.

The Indian Patent Office rejected the application after stating that the products lead "to obscenity and moral deprivation of individuals."

"These are toys that are not considered useful or productive. Mostly these are considered to be morally degrading by the law," the Indian Patent Office wrote. "The law views sex toys negatively and has never engaged positively with the notion of sexual pleasure."

The Indian Patent Office also invoked the Section 377 of the Indian Penal Code, a 155-year-old colonial-era law, which criminalizes “unnatural” intercourse, in refusing the patent.

The BBC said an appeal to strike down provisions of the law is currently before the Supreme Court.

Dr. Shamnad Basheer, a visiting professor of law at India's National Law School who is working on a book about public health law, told the BBC, "Why should the patents office handle moral decisions? Officials trained in technical science are not supposed to decide whether an invention is moral or immoral."

In India, sex toys are openly sold online but they are hard to find in conventional brick-and-mortar stores.

The India Patent Office said that an amended claim with additional technical features could enable the We-Vibe to meet the requirements of novelty and inventive step, though such changes would not address the “moral deprivation” objection.

A spokesman for WOW Tech, Denny Alexander, told XBIZ today that the BBC story, more than a year after the ruling, "seems to have come to light after an opinion by Dr. Shamnad Basheer, honorary research chair of intellectual property law at Nirma University and visiting professor of law at the National Law School of India," who recently posted the story about the patent decision on his blog.

"The article questions the patent office's authority to make moral or immoral determinations," Alexander said. "[The company] has strong patent protection that has been recognized by patent offices around the world."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

U.K. Online Pleasure Retailer 'The Loving Company' Launches

The Loving Company, an online pleasure retailer serving the United Kingdom, has officially launched.

Orion Debuts 'Flexible Double Bullet' Vibe From Sweet Smile Line

Orion Wholesale has introduced the Flexible Double Bullet vibrator from its Sweet Smile line.

Tenga Inks Canadian Distro Deals With Sexy Living, JAL

Tenga has signed deals with Canadian distributors Sexy Living and JAL Enterprises to expand its presence in the northern market.

Williams Trading Co. Launches 2025 Pre-Black Friday Warehouse Sale

Williams Trading will launch its 2025 pre-Black Friday warehouse sale for retailers tomorrow through Nov. 12.

Holiday Now Shipping 'Enby 3' From Wild Flower

Holiday Products is now shipping the Enby 3 vibe from Wild Flower.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Full Circle Elevates Jessica Save to Executive VP of Sales and Marketing

Full Circle/Miami Distro has promoted Jessica Sav to executive vice president of sales and marketing.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Orion Unveils 2 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced two new styles from its Noir Handmade line.

SmartTract Debuts 'Go' Pump Controller

SmartTract has introduced its Go vacuum penis pump controller.

Show More