Vibrator: A Product Denied on Moral Grounds

August 14,2018:

VIBRATOR: A PRODUCT DENIED ON MORAL GROUNDS

Standard Innovation Corporation (a Canadian entity) has invented a creative vibrator, named as “We Vibe” Standard Innovation Corporation has submitted its patent to various countries including India.This patent was denied in India on the moral grounds as Importing and selling sex toys is considered as an ‘obscene’ object and hence illegal in India. This is one of the many times the Indian Patent Office has rejected a patent on this ground of being obscene.

Obscene in the eyes of Indian laws is a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the lustful interest. Offences are punishable by a maximum of two years for the first conviction and five years in the event of a second or subsequent conviction.

This innovation is considered to be different than the existing sex stimulating toys with the major differentiator being unlike others, this does not really look like a typical vibrator, but is a rather uniquely designed U-shaped device: similar looking to that of a pair of headphones. This new kind of vibrator can stimulate a woman, it works in a way that it stimulates the G-spot and the clitoris; and can be used during regular sexual intercourse by both the partners.

This patent was declined in India, as it was dismissed on various moral grounds. This is the reason there is no Indian manufacturer of sex toys. Most of the apparatus available in India are either manufactured in China or personally imported. This patent was denied on the basis that it is directed to a sexual stimulation device worn by a woman during intercourse that includes an arm dimensioned for placement inside a vagina and an arm dimensioned for placement against a clitoral area and an application which is concerned with invention that might be a possibility of injuring health of public order, good customs, or the public is a violation of Article 32 of Japanese Patent Law hence patent was not received.

“The subject matter claimed in the instant application relates to “sexual stimulating vibrator” and its intended use or commercial exploitation could be contrary to “public order” or “morality” and falls under section 3(b) of the Patents Act (as amended) and is not allowable…. Mostly these are considered to be morally degrading by the law.” And under the given circumstances the patent committee thereby refused the patent of we-vibe under section 15 of the Patents Act.

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