In violation of a patent, the FIA was unable to patent the halo until September 2022
The Halo was introduced in 2018 following Jules Bianchi's terrible accident with a tractor in Japan in 2015. Since the patent infringed a patent filed by a British company in 2004, it was not validated until last September.
The director of the FIA estimated that his first year at the helm of the international organization had not been a walk in the park: “Can you imagine being elected to this role after all these years of wanting it, partying all night on December 17th, and then going to work the next day only to be met with legal officials in your office for your first meeting, explaining that you have a big problem with the halo?” he explained.
« We can’t talk about it too much, but the feeling I had wasn’t very good. You moved forward, it was difficult, but I’m very happy that everything got back on track a month ago.
»
The patent filed by the FIA jointly with Ferrari, Red Bull Technology, Dallara, Delta Topco, and Mercedes-Benz has indeed been accused of infringing on another patent filed by Jens Hs Nygaard in 2004 in the United States.
The plaintiff thus filed a complaint on November 9, 2020, and the case was not resolved until September 2022.
« It was a heavy burden to carry throughout the year because as president, it could have had legal and financial implications. Now it’s behind us, the halo is patented by the FIA, so everything is fine. »
The patent filed by Jens HS Nygaard is publicly available. In some illustrations dating back to 2004, he clearly refers to a structure connected to the chassis that allows the cockpit of a vehicle to be connected at its center and attached to the ends of the windshield. This device is not specifically designed for single-seater cars but for any vehicle in order to prevent rollover or frontal impact issues, especially with a truck.
Charles Leclerc, Valterri Bottas or Lewis Hamilton are concerned.
In his November 2020 complaint filing, Mr. Nygaard details the salaries of some F1 drivers and uses them as an example to emphasize the benefits of this patented protection in his name. The objective is to show that these drivers, who are contractually linked to the patent holders of the Halo, are partially responsible for the infringement of Nygaard’s patent.
